Gavin v. Annan, Lord & Co.
California Supreme Court
Appeal from the Superior Court of the City of San Francisco. The complaint states, that about the 30th of October, 1850, one Samuel G. Chaffe being in negotiation with the plaintiff, with the view to the consummation thereof and for value received, gave an order on the defendants for $1000 in favour of plaintiff, or order, which was duly presented to and accepted by defendants.
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Appeal from the Superior Court of the City of San Francisco. The complaint states, that about the 30th of October, 1850, one Samuel G. Chaffe being in negotiation with the plaintiff, with the view to the consummation thereof and for value received, gave an order on the defendants for $1000 in favour of plaintiff, or order, which was duly presented to and accepted by defendants. That the original order was destroyed in the fire of 3d May last, but the following is a literal transcript. $1000. San Francisco, Oct. 30, 1851. Messrs. Annan, Lord & Co. Pay to D. Gavin or order one thousand dollars…
1Opinion of the CourtHeydeneeldt, Justice
This was a suit upon an acceptance. The defendants’ answer is a general denial. Under this they proved accord and satisfaction. It is now objected that this defence ought not to be allowed under the pleadings. We have already decided that a general denial has the same influence as the general issue at common law, and under that accord and satisfaction may well be shown. The accord and satisfaction consisted in the delivery of a certain quantity of goods, which were of less value than the debt; and the appellant invokes the principle, that a liability cannot be discharged by a less sumj than…
2Cited by5 opinions
- Piercy v. SabinCalifornia Supreme Court · 1858
- B. & W. Engineering Co. v. BeamCalifornia Court of Appeal · 1913
- Coles v. SoulsbyCalifornia Supreme Court · 1862
- Shelton v. JacksonCourt of Appeals of Texas · 1899
- Nelson v. YoungMontana Supreme Court · 1924