Brown v. Scott
California Supreme Court
Appeal from the District Court, Eleventh Judicial District, El Dorado County. The three judgments, the assignment of which formed the consideration mentioned in the contract upon which this suit was brought, were rendered on the 30th day of January, 1854. When this case was called for trial in the Court below, plaintiff moved the Court for judgment in conformity with the prayer of the complaint. The Court sustained the motion and gave judgment accordingly.
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Appeal from the District Court, Eleventh Judicial District, El Dorado County. The three judgments, the assignment of which formed the consideration mentioned in the contract upon which this suit was brought, were rendered on the 30th day of January, 1854. When this case was called for trial in the Court below, plaintiff moved the Court for judgment in conformity with the prayer of the complaint. The Court sustained the motion and gave judgment accordingly. Defendant appealed. The other facts are stated in the opinion of the Court.
1Opinion of the Court
By the Court, Currey, J.. This action was brought to recover a .sum of money alleged to be due on a contract executed by the defendant, by which he agreed to pay to the plaintiff one thousand four hundred and forty-four dollars and sixty-six cents, with interest thereon from the 1st of January, 1854, until the same should be paid, at the rate of three per cent per month, upon conditions mentioned and referred to in such contract. The' complaint counts upon this contract, and avers in positive terms the happening of circumstances by which the debt became due, and that the defendant refused to…
2Cases cited1 opinion
- Zander v. CoeCalifornia Supreme Court · 1855
3Cited by18 opinions
- Mendocino County v. PetersCalifornia Court of Appeal · 1905
- Davanay v. EggenhoffCalifornia Supreme Court · 1872
- King v. MillerOregon Supreme Court · 1908
- Scovill v. BarneyOregon Supreme Court · 1872
- Peters v. Queen City Ins.Oregon Supreme Court · 1912
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