Hall v. Auburn Turnpike Co.
California Supreme Court
Appeal from the District Court, Fourteenth Judicial District, Placer County. The defendant was a corporation. The following is a copy of the note sued on, and on which plaintiffs failed to recover: “Auburn, April 1st, 1863. “Eight months from date, for value received, The Auburn Turnpike Company promise to pay Hall and Allen, at their banking house in Auburn, in gold coin currency of the United States, three thousand two hundred and four dollars, with interest at two per…
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Appeal from the District Court, Fourteenth Judicial District, Placer County. The defendant was a corporation. The following is a copy of the note sued on, and on which plaintiffs failed to recover: “Auburn, April 1st, 1863. “Eight months from date, for value received, The Auburn Turnpike Company promise to pay Hall and Allen, at their banking house in Auburn, in gold coin currency of the United States, three thousand two hundred and four dollars, with interest at two per cent per month from date until paid. The above indebtedness is subject to a claim held by Marriner and Willard, of $5,500.…
1Opinion of the Court
By the Court, Sawyer, J.
This is an action on two promissory notes, claimed to have been executed by defendant in favor of plaintiffs. Judgment was rendered for plaintiffs on the first note set out in the complaint, and against them on the second. Plaintiffs appeal from the judgment.
The Court finds as follows, viz : “ The second note, set up in the second count of the complaint, was given to secure the personal indebtedness of one E. M. Banvard to plaintiffs, and no part of the consideration of said note was received by defendant, or went to its benefit. The said Banvard was individually…
2Cases cited1 opinion
- The Bank of Genesee v. . the Patchin BankNew York Court of Appeals · 1855
3Cited by13 opinions
- Melone v. RuffinoCalifornia Supreme Court · 1900
- National Park Bank v. German-American Mutual Warehousing & Security Co.New York Court of Appeals · 1889
- Park Hotel Co. v. Fourth Nat. Bank of St. LouisCourt of Appeals for the Eighth Circuit · 1898
- Meyer v. Glenmoor Homes, Inc.California Court of Appeal · 1966
- Nat. Park Bk. v. . G.A.M.W. S. Co.New York Court of Appeals · 1889
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