McConnell v. Denver
California Supreme Court
Appeal from the District Court, Sixth Judicial District, City and County of Sacramento. January 31st, 1866, the plaintiff commenced an action against the defendants on the following promissory note: $2,600. Coloma, June 7th, 1862. On or before the first day of October next, the Coloma Canal Company promise to pay Samuel McConnell & Company the sum of two thousand six hundred dollars.
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Appeal from the District Court, Sixth Judicial District, City and County of Sacramento. January 31st, 1866, the plaintiff commenced an action against the defendants on the following promissory note: $2,600. Coloma, June 7th, 1862. On or before the first day of October next, the Coloma Canal Company promise to pay Samuel McConnell & Company the sum of two thousand six hundred dollars. A. St. C. DENVER, Secretary and Agent for the Coloma Canal Co. The Coloma Canal Company, in the Winter of 1861 and 1862, consisted of the defendants Denver, Sanderson, Donahue, Weller, and Mrs. Robinson. Its…
1Opinion of the Court
By the Court, Sawyer, C. J.:
We think the evidence insufficient to justify the third finding, to the effect that the defendants executed the note upon which the action is brought, by their agent, Denver, and that said Denver had full power and authority to make and execute said note, by virtue of his being a partner in and agent for the company.
There is no conflict in the evidence as to the material facts in the case, and it shows, that the defendants constituted one of the ordinary unincorporated ditch companies so common in the mining regions, owning a ditch which conveyed water from a…
2Cases cited3 opinions
- Duryea v. BurtCalifornia Supreme Court · 1865
- Skillman v. LachmanCalifornia Supreme Court · 1863
- Bradley v. HarknessCalifornia Supreme Court · 1864
3Cited by8 opinions
- Childers v. NeelyWest Virginia Supreme Court · 1899
- Jones v. ClarkCalifornia Supreme Court · 1871
- Spotswood v. MorrisIdaho Supreme Court · 1906
- Schumacher v. the Sumner Tele. Co.Supreme Court of Iowa · 1913
- Stuart v. AdamsCalifornia Supreme Court · 1891
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