Wolf v. Marsh
California Supreme Court
Appeal from a judgment for the "plaintiff, in the Fourth District Court, City and County of San Francisco. Mor-RIS03ST, J. The complaint alleges, and the allegations are not denied in the answer, that on the 24th day of November, 1866, the ■ defendant was indebted to the plaintiff in the sum of $1,449, and on that day paid on that indebtedness the sum of $1,000; and to secure the payment of the balance, executed the instrument set out in the opinion.
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Appeal from a judgment for the "plaintiff, in the Fourth District Court, City and County of San Francisco. Mor-RIS03ST, J. The complaint alleges, and the allegations are not denied in the answer, that on the 24th day of November, 1866, the ■ defendant was indebted to the plaintiff in the sum of $1,449, and on that day paid on that indebtedness the sum of $1,000; and to secure the payment of the balance, executed the instrument set out in the opinion. The Court finds that the instrument in question was given and accepted in lieu of and for the balance then due upon the original note. One of…
1Opinion of the Court
Department No. 2, Sharpstein, J.:
This is an action upon an instrument in writing, of which the following is a copy:
“ [449.00.] Martinez, November 24th, 1866.
“ For value received, I promise to pay to S. Wolf, or order, four hundred and forty-nine dollars with interest at one per cent, per month from date until paid, principal and interest payable in United States gold coin. This note is made with the express understanding that if the coal mines in the Marsh Ranch yield no profits to me, then this note is not to be paid, and the obligation herein expressed shall be null and void.
“ (Signed) C.…
2Cited by49 opinions
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