Malson v. Vaughn
California Supreme Court
Appeal from the County Court of Butte County. The note sued on was dated March 28th, 1857; due thirty days after date ; bearing interest at three per cent, per month, and was payable to Vaughn or order. May 22d, 1860, Vaughn indorsed it to the plaintiff. May 28th, 1860, the suit was commenced. Bristol answered pleading as a set-off the five hundred and ninety-three dollars and forty cents referred to in the opinion of the Court.
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Appeal from the County Court of Butte County. The note sued on was dated March 28th, 1857; due thirty days after date ; bearing interest at three per cent, per month, and was payable to Vaughn or order. May 22d, 1860, Vaughn indorsed it to the plaintiff. May 28th, 1860, the suit was commenced. Bristol answered pleading as a set-off the five hundred and ninety-three dollars and forty cents referred to in the opinion of the Court. This set-off was for money received by Vaughn for the use of Bristol after the execution of the note and before Vaughn indorsed it to Malson. .-The County Court…
1Opinion of the CourtCrocker, J.
This is an action brought upon a promissory note against Bristol, as maker, and Yaughn, as indorser, before a Justice of the Peace. The defendant Bristol plead in defense a set-off against Yaughn, the payee of the note, amounting to five hundred dollars. The plaintiff recovered judgment before the Justice of the Peace, from which the defendants appealed to the County Court, where the Court found for the defendants and rendered a judgment dismissing the suit, from which the plaintiff appeals.
The note sued on was for the sum of one hundred and forty-five dollars and sixty-four cents, but the…
2Cases cited2 opinions
- Lamoure v. CarylNew York Supreme Court · 1847
- Hamilton v. McDonaldCalifornia Supreme Court · 1861
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