Legal Opinion

Lucas v. Pico

California Supreme Court

Decided July 1, 1880No. 6,567PublishedCited by 7 opinions

Appeal from a judgment for the plaintiff, and from an order denying a new trial, in the Seventeenth District Court, County of Los Angeles. Sepulveda, J. The facts are stated in the opinion.

1Opinion of the Court

McKee, J.:

On the trial of this case, the defendant in the Court below objected to the offer of the promissory note in evidence, because *127it appeared- from the testimony that the consideration of the note was contrary to public policy and morality, and specially that it was barratrous; and because it also appeared that the note itself had not been assigned to the plaintiff before the commencement of the action; and as the plaintiff was not the legal owner thereof, he could not maintain the action. The defendant also moved for a nonsuit upon, substantially, the same grounds. Both his objections…

2Cases cited1 opinion

  1. Poorman v. D. O. Mills & Co.California Supreme Court · 1868

3Cited by7 opinions

  1. Howard v. SchanielCalifornia Court of Appeal · 1980
  2. Casserleigh v. WoodColorado Court of Appeals · 1900
  3. Koehne v. HarveyDistrict of Columbia Court of Appeals · 1946
  4. Walmsley v. HolcombCalifornia Court of Appeal · 1943
  5. Casserleigh v. WoodColorado Court of Appeals · 1900

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