Williams v. Covillaud
California Supreme Court
Appeal from the District Court of the Tenth Judicial District, County of Yuba. This was an action on a promissory note against the defendant Robert J. Murray, as maker, and Charles Govillaud, as endorser, brought under section fifteen of the Practice Act. The defendant Murray suffered default, but the defendant Govillaud filed an answer, and defended the action.
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Appeal from the District Court of the Tenth Judicial District, County of Yuba. This was an action on a promissory note against the defendant Robert J. Murray, as maker, and Charles Govillaud, as endorser, brought under section fifteen of the Practice Act. The defendant Murray suffered default, but the defendant Govillaud filed an answer, and defended the action. On the trial, the plaintiff gave in evidence the following promissory note, the genuineness of the signatures of the maker and endorser being admitted: “ 82500 00. Marysville, July 4,1856. “ On or before the fourth day of September…
1Opinion of the CourtBaldwin, J.
This case comes before this Court on an appeal from a motion for a new trial overruled in the Court below.
On the fourth of July, 1856, Murray made a note in the usual *425form, payable to plaintiff, or order, and upon this note C. Covillaud, the defendant, endorsed his name. The note was made payable on the fourth of September after. It was protested, and notice regularly given to defendant.
The defendant showed, in defence, that the note bore on the back of it the guaranty of Field, in these words : “ For value received, I guaranty -the payment of the within note within sixty days from date.…
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