Curtis v. Sprague
California Supreme Court
Appeal from the District Court, First Judicial District, County of Santa Barbara. January 19, 1865, the defendant, Thomas Sprague, made, executed and delivered his promissory note to the-plaintiff, Dennis, in the words and figures following to wit: “$2400. January 19, 1865. “ On the 1st of November, proximo, I promise to pay to Thomas Dennis, or order, two thousand four hundred dollars, for value received, in United States gold coin, with interest at the rate of one and…
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Appeal from the District Court, First Judicial District, County of Santa Barbara. January 19, 1865, the defendant, Thomas Sprague, made, executed and delivered his promissory note to the-plaintiff, Dennis, in the words and figures following to wit: “$2400. January 19, 1865. “ On the 1st of November, proximo, I promise to pay to Thomas Dennis, or order, two thousand four hundred dollars, for value received, in United States gold coin, with interest at the rate of one and one-half per cent, per month. “Thomas Sprague.” At the time of the making and delivery of the note, the defendant Huse…
1Opinion of the Court
By the Court:
1. The statement made by Huse, the guarantor, to Dennis, the payee, after the maturity of the note, that “I am responsible for that note,” is, in substance, a promise to pay it. It is clear from the evidence that he then had full knowledge of the laches of the holder, in failing to demand payment of the maker, on the day the note matured; and it is well settled that a promise by an indorser of guarantor, after maturity, to pay the note, with notice of the laches, dispenses with the necessity of proving demand and notice. *241(Keyes v. Fenstermaker, 24 Cal. 333; Sigerson v. Matthews,…
2Cases cited2 opinions
- Keyes v. FenstermakerCalifornia Supreme Court · 1864
- Sigerson v. MathewsSupreme Court of the United States · 1858
3Cited by12 opinions
- Eames v. CrosierCalifornia Supreme Court · 1894
- Stanley v. McElrathCalifornia Supreme Court · 1890
- Flanagan v. BrownCalifornia Supreme Court · 1886
- Greeley v. WhiteheadSupreme Court of Florida · 1895
- Katz v. HaskellCalifornia Court of Appeal · 1961
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