Legal Opinion

Paige v. Carter

California Supreme Court

Decided January 29, 1884PublishedCited by 9 opinions

Appeal from a judgment of the Superior Court of Stanislaus County, and from an order refusing a new trial. The action was upon a promissory note. The remaining facts are stated in the opinion of the court.

1Opinion of the CourtSharpstein, J.

—If it would make any material difference whether the note sued on was delivered at the date it bears on its face, or at some subsequent time, evidence tending .to prove that it was delivered at the latter date should have been admitted. But in view of the plaintiff’s own testimony we think the date of the delivery of the note immaterial. One of the defenses set up by the defendant is that after making the note sued on he compromised with all his creditors, including the plaintiff, by agreeing to pay them twenty-five per cent of their respective claims, and that they all accepted that sum in…

2Cited by9 opinions

  1. Lyon v. PettyCalifornia Supreme Court · 1884
  2. Collins v. DriscollCalifornia Supreme Court · 1886
  3. Blaine v. DarwinWashington Supreme Court · 1931
  4. People v. BrownCalifornia Court of Appeal · 1906
  5. The J. S. WardenCourt of Appeals for the Third Circuit · 1914

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