Damor v. Pardow
California Supreme Court
Appeal from the District Court, Fifteenth Judicial District, City and County of'San Francisco. This was an action on a promissory note, of which the following is a copy, to wit: “ $450. San Francisco, December 9th, 1865. “ Sixty days after date, without grace, for value received, in gold coin of the United States of America, we promise to pay to the order of Jas.
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Appeal from the District Court, Fifteenth Judicial District, City and County of'San Francisco. This was an action on a promissory note, of which the following is a copy, to wit: “ $450. San Francisco, December 9th, 1865. “ Sixty days after date, without grace, for value received, in gold coin of the United States of America, we promise to pay to the order of Jas. E. Damon, at his office in this city, the sum of four hundred and fifty dollars, with interest thereon from date, until paid, at the rate of three per cent per month, payable monthly; the said interest, if not so paid, to become part…
1Opinion of the Court
By the Court, Sanderson, J.:
The note in suit is the joint and several note of the makers. As between them and the payee they are both principals. If one of the makers received all the consideration, or if one be surety for the other as between themselves, it is a matter about which the payee is not concerned. As to him they are both principals notwithstanding, and hence if the relationship suggested exists between them it cannot be made the subject of judicial inquiry in this action. *281(Aud v. Magruder, 10 Cal. 288; Dane v. Corduan, 24 Cal. 164; Shriver v. Lovejoy, 32 Cal. 574.)
Judgment…
2Cases cited3 opinions
- People v. Superior CourtCalifornia Supreme Court · 1937
- Dane v. CorduanCalifornia Supreme Court · 1864
- Shriver v. LovejoyCalifornia Supreme Court · 1867
3Cited by7 opinions
- California National Bank v. GintyCalifornia Supreme Court · 1895
- Eppinger v. KendrickCalifornia Supreme Court · 1896
- Smith v. FreylerMontana Supreme Court · 1882
- Chafoin v. RichCalifornia Supreme Court · 1888
- Southern California National Bank of Los Angeles v. WyattCalifornia Supreme Court · 1891
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