Legal Opinion

Big Eye Mining & Milling Co. v. Livingston

Arizona Supreme Court

Decided March 30, 1918No. Civil No. 1602Published

APPEAL from a judgment of the Superior Court of the county of Yuma. Frank Baxter, Judge. STATEMENT OF PACTS BY THE COURT. Action on a promissory note made and delivered by the appellants on the first day of December, 1915, payable to E. F. Sanguinetti “on demand or six months after date,” the principal sum of $3,089.64, with interest from date at the rate of ten per cent per annum, payable quarterly, with a promise to pay a reasonable attorney’s fee if collection enforced.

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APPEAL from a judgment of the Superior Court of the county of Yuma. Frank Baxter, Judge. STATEMENT OF PACTS BY THE COURT. Action on a promissory note made and delivered by the appellants on the first day of December, 1915, payable to E. F. Sanguinetti “on demand or six months after date,” the principal sum of $3,089.64, with interest from date at the rate of ten per cent per annum, payable quarterly, with a promise to pay a reasonable attorney’s fee if collection enforced. The plaintiff is the owner and holder of the note by indorsement. Certain property of the makers of the note was attached…

1Opinion of the CourtCunningham, J.

The Big Eye Mining & Milling Company is the owner of certain valuable mines situate in Yuma county. In the operation of such mines prior to December 1, 1915, it incurred certain indebtedness, a portion of which indebtedness was owing to E'. F. Sanguinetti for supplies furnished the said company. On said December 1,1915, it made, executed, and delivered the promissory note sued upon, and the other named appellants indorsed said note before delivery. About the thirtieth day of May, 1916, one W. W. Reese paid *438to E. F. Sanguinetti the principal of the note, and Sanguinetti indorsed and delivered…

2Cases cited5 opinions

  1. Moran v. AbbeyCalifornia Supreme Court · 1883
  2. Binford v. AdamsIndiana Supreme Court · 1885
  3. Jones v. . BobbittSupreme Court of North Carolina · 1884
  4. Dougherty v. DeeneySupreme Court of Iowa · 1877
  5. Balohradsky v. CarlisleAppellate Court of Illinois · 1884

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