Randolph v. Harris
California Supreme Court
Appeal from the District ■ Court, Sixth Judicial District, Sacramento County. The note sued on was executed to Daniel Richards, on the 12th day of November, 1861. The complaint averred its assignment to plaintiff in the following language: “ Plaintiff further shows that for a valuable and sufficient consideration the said Daniel Richards, on the 13th day of May, 1864, by an instrument in writing duly stamped and delivered, conveyed and assigned to plaintiff all his (the said…
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Appeal from the District ■ Court, Sixth Judicial District, Sacramento County. The note sued on was executed to Daniel Richards, on the 12th day of November, 1861. The complaint averred its assignment to plaintiff in the following language: “ Plaintiff further shows that for a valuable and sufficient consideration the said Daniel Richards, on the 13th day of May, 1864, by an instrument in writing duly stamped and delivered, conveyed and assigned to plaintiff all his (the said Richards’) interest in the said promissory note, to wit: the indebtedness due thereon, said interest being the amount…
1Opinion of the Court
By the Court,
Sanderson, C. J.
This is an action upon a lost promissory note, by an assignee against the maker—or, as averred in the complaint, a note which had been “totally destroyed by fire.” There is no averment in the complaint to the effect that the plaintiff had tendered to the defendant a good and sufficient bond of indemnity before bringing the action. The only averment upon that subject is in the following words: e “Plaintiff avers that he has offered, and now offers, to indemnify defendant against any loss or damage he may sustain on account of the destruction of said note.” The…
2Cases cited5 opinions
- Gray v. DoughertyCalifornia Supreme Court · 1864
- Burke v. Table Mountain Water Co. & LaforgeCalifornia Supreme Court · 1859
- Minturn v. FisherCalifornia Supreme Court · 1854
- Price v. DunlapCalifornia Supreme Court · 1855
- Morrill v. MorrillCalifornia Supreme Court · 1864
3Cited by2 opinions
- Brown v. Anderson-Cottonwood Irrigation DistristCalifornia Supreme Court · 1920
- Citizens' National Bank v. BrownOhio Supreme Court · 1887