Philip Fabian & Co. v. Callahan
California Supreme Court
Appeal from a judgment for the plaintiff, and from an order denying a new trial, in the Fifth District Court, County of San Joaquin.
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Appeal from a judgment for the plaintiff, and from an order denying a new trial, in the Fifth District Court, County of San Joaquin. Booker, J. The complaint alleges that the defendant made and entered into an express contract in writing, for value received from plaintiffs, in the words and figures following, to wit; “ This agreement, made and entered into * * * between P. Fabian & Co. ® * * and John Callahan, * * * whereas the party of the first part, named P. Fabian & Co., are holding a certain mortgage, dated * * * in the sum of $1037.23, which I agree to pay to P. Fabian & Co. on or…
1Opinion of the Court
McKee, J.:
This was an action to recover the amount of an agreement in writing, made by the defendant to the plaintiff, for the sum of ten hundred and thirty-seven dollars,- with interest thereon at one and a-half per cent, per month. Plaintiff had judgment; and from the judgment, and an order denying a motion for a new trial, comes this appeal.
There are in the record what purports to be a notice of intention to move for a new trial, and an engrossed statement. The notice designates that the motion will be made upon two grounds; namely, insufficiency of the evidence to justify the “judgment,”…
2Cases cited1 opinion
- Nightingale v. ScannellCalifornia Supreme Court · 1861
3Cited by6 opinions
- Benson v. ShotwellCalifornia Supreme Court · 1890
- People v. AsavisCalifornia Court of Appeal · 1937
- Sweeney v. StanfordCalifornia Supreme Court · 1885
- Meyer v. LovdalCalifornia Court of Appeal · 1907
- Stinchcomb v. HarrisSupreme Court of Oklahoma · 1943
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