Legal Opinion

Sherwood v. Lowell

California Court of Appeal

Decided July 27, 1917No. Civ. No. 1649PublishedCited by 20 opinions

APPEAL from a judgment of the Superior Court of Mendocino County, and from an order denying a motion to set aside such judgment. J. Q. White, Judge. The facts are stated in the opinion of the court.

1Opinion of the CourtHart, J.

The action is on a promissory note executed March 30, 1908, to plaintiff, by J. W. Lowell, brother of defendant, and payable one year after date. It is alleged in the complaint that, in consideration of the maker of the note transferring to defendant “certain property and business,” defendant agreed to pay said note; that, “on March 30, 1909, the thirtieth day of March, 1912, and the thirtieth day of March, 1913, pursuant to said agreement, defendant did on said dates pay to plaintiff the interest due on said promissory note”; that, “thereafter on May 5, 1913, at the said town of Westport,…

2Cases cited11 opinions

  1. Bell v. MorrisonSupreme Court of the United States · 1828
  2. Vrooman v. . TurnerNew York Court of Appeals · 1877
  3. Biddel v. BrizzolaraCalifornia Supreme Court · 1883
  4. McCormick v. BrownCalifornia Supreme Court · 1868
  5. Rodgers v. ByersCalifornia Supreme Court · 1900

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3Cited by20 opinions

  1. Western Coal & Mining Co. v. JonesCalifornia Supreme Court · 1946
  2. Ellis v. KlaffCalifornia Court of Appeal · 1950
  3. Marks v. Walter G. McCarty Corp.California Supreme Court · 1949
  4. Everts v. MattesonCalifornia Supreme Court · 1942
  5. Franklin v. HansenCalifornia Supreme Court · 1963

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