Whelan v. Swain
California Supreme Court
APPEAL from a judgment of the Superior Court of Alameda County and from an order denying a new trial. F. B. Ogden, Judge. The facts are stated in the opinion.
1Opinion of the Court
COOPER,C.
—Plaintiff recovered judgment on a promissory note. This is an appeal from the judgment and from an order denying appellant’s motion for a new trial. The principal contention of appellant is, that the finding that the promissory note was signed by her for a sufficient consideration is not supported by the evidence. The facts in connection with the matter are substantially as follows: In 1889 the defendant L. H. Swain and her husband borrowed four hundred dollars from the plaintiff’s assignor. In March, 1895, the husband died, leaving the note unpaid, and leaving surviving him his…
2Cases cited1 opinion
- Westphal v. NevillsCalifornia Supreme Court · 1891
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- Seth v. Lew HingCalifornia Court of Appeal · 1932
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