Hellman v. Howard
California Supreme Court
Appeal from the District Court of the Seventeenth Judicial District, County of Los Angeles. Suit on the following promissory note: “ Los Angeles, December 3d, 1868. “ On the fifteenth day of April, A. D. 1869, we promise to pay to Maria Merced W. de Carrillo or order, for value received, the sum [of] three thousand six hundred dollars, gold coin, without interest. “ C. V. HOWARD, [Two-dollar stamp, canceled.] “JOHY Gf. DO”WYEY, “P. BEAUDRY.
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Appeal from the District Court of the Seventeenth Judicial District, County of Los Angeles. Suit on the following promissory note: “ Los Angeles, December 3d, 1868. “ On the fifteenth day of April, A. D. 1869, we promise to pay to Maria Merced W. de Carrillo or order, for value received, the sum [of] three thousand six hundred dollars, gold coin, without interest. “ C. V. HOWARD, [Two-dollar stamp, canceled.] “JOHY Gf. DO”WYEY, “P. BEAUDRY. “Witness: Joseph Huber, Jr.” The complaint averred that the said Maria Merced W. de Carrillo, with her husband, José C. Carrillo, December, 1868, indorsed…
1Opinion of the Court
By the Court, Rhodes, J.:
It is admitted by the pleadings, that the promissory note in suit was assigned by the payee to the plaintiffs. That fact not being in issue, no question arises as to whether the assignment was made in such form as to pass the interest of a married woman.
*104Hpon the issue, as to whether the plaintiffs took the note with notice of the facts relating to its delivery to the payee, the evidence was conflicting, and the verdict therefore will not he disturbed on the ground, that on that issue it is contrary to the evidence.
The agreement executed by Sainsevaine and José C.…
2Cited by9 opinions
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