Brown v. Olmsted
California Supreme Court
Action on a promissory note for eight hundred and ninety dollars, given by the defendant to the plaintiff on the 15th of September, 1871, due ninety days after date. The plaintiff admitted that five hundred dollars was paid on the note January 1, 1872, and claimed that there was a balance of three hundred and ninety dollars due on it. The note was given at Rohnerville, Humboldt County, where the plaintiff resided. The defendant resided in the mountains some miles distant.
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Action on a promissory note for eight hundred and ninety dollars, given by the defendant to the plaintiff on the 15th of September, 1871, due ninety days after date. The plaintiff admitted that five hundred dollars was paid on the note January 1, 1872, and claimed that there was a balance of three hundred and ninety dollars due on it. The note was given at Rohnerville, Humboldt County, where the plaintiff resided. The defendant resided in the mountains some miles distant. The plaintiff left the note at Feigenbanm’s store at Rohnerville. Some days after it was due, the defendant called on the…
1Opinion of the Court
By the Court, Niles, J.:
1. The question whether the draft upon Hitchcock, Shaw & Co. was received by the plaintiff in payment of his note, was submitted to the jury upon substantially conflicting evidence, and will not, therefore, be examined into here.
2. We think the evidence sufficiently shows all the diligence in the presentation of the draft for payment that could be reasonably required under the circumstances of the case.
3. There was no error in giving the first instruction asked by the plaintiff. The decisions of the different States are not uniform upon the question presented by this…
2Cases cited2 opinions
- Welch v. AllingtonCalifornia Supreme Court · 1863
- Brewster v. BoursCalifornia Supreme Court · 1857
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