Ballard v. Nye
California Supreme Court
The facts are stated in the opinion of the court. ■ William Mattoon, W. H. Savage, and M. C. Hester, for Appellant. The payment to Hayford was no payment to appellant, without proof of his authority to represent her. (2 Greenleaf on Evidence, 6th ed., sec. 518.) The delivery of the check for the money did not constitute a payment, without express agreement on appellant’s part to receive such check as payment.
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The facts are stated in the opinion of the court. ■ William Mattoon, W. H. Savage, and M. C. Hester, for Appellant. The payment to Hayford was no payment to appellant, without proof of his authority to represent her. (2 Greenleaf on Evidence, 6th ed., sec. 518.) The delivery of the check for the money did not constitute a payment, without express agreement on appellant’s part to receive such check as payment. (Brown v. Olmstead, 50 Cal. 162; Comptoir D’Escompte v. Dresbach, 78 Cal. 15, 21; Steinhart v. National Bank, 94 Cal. 362.1) Plaintiff was ignorant of the existence of the check. There…
1Opinion of the CourtLorigan, J.
This is an action to recover a balance of two hundred dollars with interest, claimed to be due on a promissory note, and to foreclose a mortgage executed by the above-named defendant and his wife to secure its payment.
The only issue in the court below was whether the amount claimed had been paid, and this was found in favor of the defendants.
From the judgment entered in their favor, and from an order denying a new trial, the plaintiff appeals. Two points are made on the appeal,—insufficiency of the evidence to justify the finding of payment, and errors of law in the admission of certain…
2Cases cited1 opinion
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