Legal Opinion

Cullen v. Bisbee

California Supreme Court

Decided November 30, 1914No. Sac. Nos. 2106 and 2127PublishedCited by 20 opinions

The facts are stated in the opinion of the court.

1Opinion of the CourtShaw, J.

The appeal in No. 2106 is from the judgment; that in No. 2127 is from an order denying defendant’s motion for a new trial of the action. Both are presented upon a single transcript.

The action is upon a promissory note for five thousand dollars, executed by Elias S. French, in his lifetime, to the plaintiff. The answer denies the execution of the note, and, in effect, it also sets up the defenses of want and failure of consideration. The court found that the note was duly executed and upon a sufficient consideration. After deducting an offset alleged in a counterclaim, which the plaintiff…

2Cases cited10 opinions

  1. Perkins v. Sunset Tel. and Tel. Co.California Supreme Court · 1909
  2. Kaltschmidt v. WeberCalifornia Supreme Court · 1904
  3. Jackson v. TorrenceCalifornia Supreme Court · 1890
  4. Wren v. WrenCalifornia Supreme Court · 1893
  5. Hamilton v. HubbardCalifornia Supreme Court · 1901

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3Cited by20 opinions

  1. Estate of GrossmanSupreme Court of Pennsylvania · 1979
  2. Sparkman v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1940
  3. Badover v. Guaranty Trust Etc. BankCalifornia Supreme Court · 1921
  4. Graves v. DunlapWashington Supreme Court · 1915
  5. Olson v. CornwellCalifornia Court of Appeal · 1933

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