Shriver v. Lovejoy
California Supreme Court
Appeal from the District Court, Thirteenth Judicial District, Mariposa County. The following is a copy of the note sued on: “11,500 00-100. “ On or before the 1st day of May, A. D. 1865, we, or either. of us, promise to pay A. F. Shriver, or order, the sum of fifteen hundred dollars in gold coin of the United States, with interest thereon at the rate of two per cent per month from date until paid, for value received. “ Lovejoy & Co., “ January 4th, 1865. Grandvoinet.”
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Appeal from the District Court, Thirteenth Judicial District, Mariposa County. The following is a copy of the note sued on: “11,500 00-100. “ On or before the 1st day of May, A. D. 1865, we, or either. of us, promise to pay A. F. Shriver, or order, the sum of fifteen hundred dollars in gold coin of the United States, with interest thereon at the rate of two per cent per month from date until paid, for value received. “ Lovejoy & Co., “ January 4th, 1865. Grandvoinet.” The defendant Grandvoinet appealed. The other facts are stated in the opinion of the Court and in the concurring opinion.
1Opinion of the Court
By the Court, Rhodes, J.:
The plaintiff sued Lovejoy—the surviving partner of Love-joy & Co.—and Grandvoinet, upon a joint and several promissory note made by Lovejoy" & Co. and Grandvoinet to the plaintiff. Grandvoinet relied for a defense mainly on the fact that Lovejoy & Co. were the principal debtors, that he was only their surety, and that the plaintiff after having commenced this action and attached sufficient property of Lovejoy to satisfy the demand, released the property Rom the attachment, and the same was attached by other, creditors of Love-joy. The Court gave judgment for the…
2Cases cited2 opinions
- People v. Superior CourtCalifornia Supreme Court · 1937
- Dane v. CorduanCalifornia Supreme Court · 1864
3Cited by3 opinions
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- Damor v. PardowCalifornia Supreme Court · 1867
- Chafoin v. RichCalifornia Supreme Court · 1888