Armstrong v. Davis
California Supreme Court
Appeal from the District Court of the Fifteenth Judicial District, City and County of San Francisco. This was an action brought for goods sold and delivered, amounting to three thousand and forty-two dollars.
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Appeal from the District Court of the Fifteenth Judicial District, City and County of San Francisco. This was an action brought for goods sold and delivered, amounting to three thousand and forty-two dollars. The defendant interposed several defenses in his answer to the complaint by way of counterclaim, one of which was the following: “And the defendant, further answering the plaintiffs’ complaint, and for a further and other counterclaim against said plaintiffs, avers and shows to this Court that 'the above named plaintiffs, on the 23d day of December, 1867, by their promissory note in…
1Opinion of the Court
By the Court, Crockett, J.:
The plaintiffs moved for a new trial on the ground of surprise and newly discovered evidence, and, the motion having been denied, they have brought this appeal. The alleged surprise is founded on the fact that at the trial the defendant testified that a promissory note of the plaintiffs for two thousand dollars, held by him, was executed and delivered on the day of its date, at the residence of the defendant, in consideration of that sum in gold coin, on that day loaned by him to the plaintiffs; whereas the plaintiffs allege that no sum whatever was loaned to them…
2Cited by4 opinions
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