Sherman v. Rollberg
California Supreme Court
Appeal from the County Court of Colusa county. This was an action brought in a Justice’s Court on the following promissory note: “ $95. Colusa, Feb. 1st, 1856. “ For value received, I promise to pay Harvey Phelps, or bearer, the sum of ninety-five dollars, one day after date, with interest at three per cent, per month. “Henry Rollberg.”
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Appeal from the County Court of Colusa county. This was an action brought in a Justice’s Court on the following promissory note: “ $95. Colusa, Feb. 1st, 1856. “ For value received, I promise to pay Harvey Phelps, or bearer, the sum of ninety-five dollars, one day after date, with interest at three per cent, per month. “Henry Rollberg.” The defendant filed his answer in the Justice’s Court; a jury trial was had, and verdict and judgment for plaintiff, from which the defendant appealed to the County Court. The defendant made an application to the County Court to amend his answer, which was…
1Opinion of the Court 1
The defendant’s amended answer in this case only makes two points as a defense ; one, an alleged alteration of the note sued on, the other, payment; neither of which under the pleadings can amount to a defense.
*391st. The defense set up as to the alteration is not good, because it is not averred that the alleged alteration was made with the knowledge, or by the authority or direction of plaintiff. Humphreys v. Crane & Yale, 5 Cal. 173; U. S. v. Linn, 1 How. 110; Henfree v. Bromly, 6 East. 309 ; Lewis v. Payne & Cow., 71; Nichols v. Johnson, 10 Conn. 192; Rees v. Ovenbaugh, 6 Cow. 746; Warring v.…
Also in this document: Opinion of the Court · Baldwin.
2Cases cited6 opinions
- Nichols v. JohnsonSupreme Court of Connecticut · 1834
- Hunt v. AdamsMassachusetts Supreme Judicial Court · 1810
- Humphreys v. CraneCalifornia Supreme Court · 1855
- Rees v. OverbaughNew York Supreme Court · 1827
- Turner v. BillagramCalifornia Supreme Court · 1852
1 more not listed; retrieve them via the Exa API.