Morrill v. Morrill
California Supreme Court
Appeal from the District Court, Sixth Judicial District, Sacramento County. The notes in suit were executed by George P. Morrill to C. Morrill, and by C. Morrill assigned to Oscar F. Morrill, the plaintiff. C. Morrill afterwards made the sale to George P. Morrill. The other facts are stated in the opinion of the Court.
1Opinion of the Court
By the Court, Sanderson, C. J.
These are actions upon promissory notes by an indorsee against the maker. The pleadings and facts are the same in both. The complaint in each alleges that the note was assigned to the plaintiff for a valuable consideration before maturity. Three answers were filed by the defendant, respectively denominated “ Answer,” “ Supplemental Answer,” and “ Further Answer.” The first attempts to put the assignment only in issue. The second alleges that the money due on the note has been attached in the hands of the defendant at the suit of a third party. The third pleads…
2Cases cited1 opinion
- Burke v. Table Mountain Water Co. & LaforgeCalifornia Supreme Court · 1859
3Cited by2 opinions
- Queen City Bank v. HudsonAppellate Division of the Supreme Court of the State of New York · 1896
- Randolph v. HarrisCalifornia Supreme Court · 1865