Fisher v. Dennis
California Supreme Court
Appeal from the District Court of the Fifth Judicial District, County of San Joaquin. This was an action against Hiram Dennis, on the following promissory note: “$708 17. “ Stockton, January 22d, 1855. “ One day after date, we jointly and severally promise to pay Messrs. A. N. Fisher & Co.,-or order, the sum of seven hundred and eight dollars and seventeen cents, for value received, with interest monthly at the rate of five per cent, per month, until final payment.
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Appeal from the District Court of the Fifth Judicial District, County of San Joaquin. This was an action against Hiram Dennis, on the following promissory note: “$708 17. “ Stockton, January 22d, 1855. “ One day after date, we jointly and severally promise to pay Messrs. A. N. Fisher & Co.,-or order, the sum of seven hundred and eight dollars and seventeen cents, for value received, with interest monthly at the rate of five per cent, per month, until final payment. “Benjamin G-. Weir, “Hiram Dennis.” The action is brought by the payees of the note. The defendant plead non est factum. On the…
1Opinion of the Court
The opinion of the Court was delivered by Mr. Justice Heydenfeldt.
Mr. Chief Justice Murray concurred.
The form in which the note is written, manifests an agreement between the parties that it should run at some monthly rate of interest. If the note had passed into the hands of an innocent holder, there would be no doubt that he could recover the principal and interest as the note stands, because the makers, by leaving the rate of interest blank, placed it in the power of the payees to practice a deception, for which, as against third parties, the makers would have to suffer. But as the note…
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