Canadian Bank of Commerce v. Leale
California Court of Appeal
APPEAL from a judgment of the Superior Court of the City and County of San Francisco. John Hunt, Judge. The facts are stated in the opinion of the court.
1Opinion of the CourtHall, J.
This is an appeal from a judgment against defendants, and comes to this court upon a bill of exceptions.
The action was brought to recover the sum of $6,000 and interest, as due and unpaid on a promissory note executed by defendants to plaintiff. The original complaint was filed on March 9, 1908, which it is conceded was the last day upon which an action could have been brought upon the note without being subject to the bar of the statute of limitations.
The original complaint was neither subscribed by plaintiff nor by its attorney when filed, but subsequently, to wit, on March 26, 1908, after…
2Cases cited14 opinions
- Meyer v. Construction CompanySupreme Court of the United States · 1879
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3Cited by14 opinions
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- Board of Education v. MulcahyCalifornia Court of Appeal · 1942
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