Adams v. Hastings
California Supreme Court
Appeal from the Superior Court of the City of San Francisco. The defendant being indebted to the plaintiffs for advances made at different times, and being threatened with a suit, executed, by his attorneys in fact, the following note, to the form of which no objection is made : “ §25,089 11. San Francisco, February 13, 1854. “ On demand, for value received, we acknowledge an indebtedness to Adams & Co., on the part of John Hastings, in the sum of twenty-five thousand and…
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Appeal from the Superior Court of the City of San Francisco. The defendant being indebted to the plaintiffs for advances made at different times, and being threatened with a suit, executed, by his attorneys in fact, the following note, to the form of which no objection is made : “ §25,089 11. San Francisco, February 13, 1854. “ On demand, for value received, we acknowledge an indebtedness to Adams & Co., on the part of John Hastings, in the sum of twenty-five thousand and eighty-nine dollars and eleven cents, and an additional indebtedness of three per cent, per month interest on the amount…
1Opinion of the Court
The opinion of the Court was delivered by Mr. Justice Terry.
Mr. Chief Justice Murray concurred.
The defendant, by an instrument in writing, acknowledged that he was indebted to plaintiffs in the sum of twenty-five thousand dollars for moneys advanced at different times before the date of the instrument, and also a further indebtedness of three per cent, per month on said sum, to be computed from the dates of the several advances.
The Court below rendered judgment in favor of plaintiffs for principal and interest, in accordance with the terms of the instrument.
It is contended by the defendant,…
2Cases cited1 opinion
- Shirly v. HarrisU.S. Circuit Court for the District of Indiana · 1844
3Cited by1 opinion
- Reed v. Bank of UkiahCalifornia Supreme Court · 1905