Quivey v. Hall & Huggins
California Supreme Court
Appeal from the Fifth District. Suit on a judgment obtained against one Cook in his lifetime. The complaint sets up the facts stated in the opinion of the Court; and further, that the amount of the judgment was $3,523, with interest on $2,056 thereof at the rate of ten per cent, per annum, and interest on $1,467 thereof at the rate of ten per cent, per month from the rendition of the judgment; and that afterwards, on the sixteenth of January, 1851, Cook paid $1,700 to be…
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Appeal from the Fifth District. Suit on a judgment obtained against one Cook in his lifetime. The complaint sets up the facts stated in the opinion of the Court; and further, that the amount of the judgment was $3,523, with interest on $2,056 thereof at the rate of ten per cent, per annum, and interest on $1,467 thereof at the rate of ten per cent, per month from the rendition of the judgment; and that afterwards, on the sixteenth of January, 1851, Cook paid $1,700 to be credited on that portion of the judgment bearing interest at ten per cent, per annum; that the claim presented to…
1Opinion of the CourtBaldwin, J.
Field C. J. and Cope, J. concurring.
Plaintiff had judgment against Cook, December 27th, 1850; Cook died February 15th, 1852. Letters of administration issued on his estate December 5th, 1856. Plaintiff presented claim February 24th, 1859; claim rejected, and suit March 24th, 1859. On demurrer, which was overruled, the question arose whether this claim upon these facts is barred by the Statute of Limitations. Judgment below for plaintiff, and appeal.
This case differs from the case of Smith v. Hall, just decided, in this: That in that case the statute did not begin to run until after the death…
2Cases cited1 opinion
- Wenman v. Mohawk InsuranceNew York Supreme Court · 1835
3Cited by10 opinions
- Coppinger v. RiceCalifornia Supreme Court · 1867
- National Automobile & Casualty Insurance v. AingeCalifornia Supreme Court · 1950
- McNeil v. First Congregational Soc'y of S.F.California Supreme Court · 1884
- Ryder v. CohnCalifornia Supreme Court · 1869
- Silva v. Superior CourtCalifornia Court of Appeal · 1948
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