Crooks v. Tully
California Supreme Court
Appeal from the District Court, Fifteenth Judicial DiS' trict, City and County of San Francisco. The following is the note upon which suit was brought: “Sixty days after date, for value received, I promise to pay to the order of C. Tully the sum of' one thousand dollars, in United States gold coin, and not otherwise, with interest at the rate of two per cent, per month from date until final payment; interest payable in gold coin. (Signed) M. Nolan.”
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Appeal from the District Court, Fifteenth Judicial DiS' trict, City and County of San Francisco. The following is the note upon which suit was brought: “Sixty days after date, for value received, I promise to pay to the order of C. Tully the sum of' one thousand dollars, in United States gold coin, and not otherwise, with interest at the rate of two per cent, per month from date until final payment; interest payable in gold coin. (Signed) M. Nolan.” Tully, before the maturity of the note, indorsed and delivered it to the plaintiff, and waived demand or notice of protest, by writing ‘ ‘…
1Opinion of the Court
By the Court, Niles, J.:
The promissory note in suit was made by one Nolan, payable to the order of the defendant Tully, and by the latter indorsed and delivered to the plaintiff before maturity. After the delivery of the note to the plaintiff, and some four months after its maturity, the defendant Durkin, at the request of Tully, indorsed his name upon the note as additional security for its payment, and for the purpose of procuring a delay of legal proceedings by the plaintiff against Tully. Judgment was rendered against both of the defendants, and the defendant Durkin appeals from the…
2Cases cited4 opinions
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