Pierce v. Schaden
California Supreme Court
Appeal by-plaintiff from the judgment of the Superior Court of the County of Sacramento. Denson, J. Action on promissory note. The note was given for the sum of five hundred dollars, with interest at one and one fourth per cent, per month, from February 24, 1876, until paid.
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Appeal by-plaintiff from the judgment of the Superior Court of the County of Sacramento. Denson, J. Action on promissory note. The note was given for the sum of five hundred dollars, with interest at one and one fourth per cent, per month, from February 24, 1876, until paid. The complaint admitted the payment of the interest to May 24, 1876, and also a payment of two hundred and five dollars and fifty cents, on September 10, 1878. The prayer of the complaint was for judgment for the sum of four hundred and sixty-six dollars and thirty-seven cents, and interest thereon, from September 10,1878,…
1Opinion of the Court
The Court:
This was an action against indorsers to recover the amount due for the principal and interest of a promissory note. The answer denied the presentation of the note to the maker, the demand of payment, the refusal to pay, and notice of presentation, demand, and refusal. There was no denial of the execution or indorsement of the note, and no plea of payment. There was, therefore, no issue to go to the jury except as to presentation, demand, refusal to pay, and notice. The jury returned a verdict in the following form: “We, the jury in the above entitled cause, find for the plaintiff,…
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