D. Foster & Co. v. Spencer

This case is submitted under the statute, Section 1140 to 1143 of the Civil Code, upon the following statement of facts:

The plaintiffs claim of the defendant $533.92, for freight on their schooners, as per Exhibit “A,” which freight is for. sugars which it is agreed were carried on the plaintiffs’ schooners at the time named in said Exhibit, and they also claim interest thereon to .date.

The defendant avers that a note dated May 9th, 1874, signed by Walker & Allen, whereby they promise to pay $200, to the plaintiffs’ order in thirty days from its date, which note it is agreed was received by…