Hawley & Co. v. Bader & Co.
California Supreme Court
Appeal from the Tenth District. The suit was by Hawley, Simpkins and Beach, as the firm of Hawley & Co., against Bader and Smith, as the firm of Bader & Co. • Default was taken against Smith. Bader answered, denying that he was partner of Smith during the time plaintiffs averred the goods were sold, and pleading accord and satisfaction, and payment; setting up specially in what they consisted, to wit: the receipt mentioned in the opinion of the Court.
Read the full summary
Appeal from the Tenth District. The suit was by Hawley, Simpkins and Beach, as the firm of Hawley & Co., against Bader and Smith, as the firm of Bader & Co. • Default was taken against Smith. Bader answered, denying that he was partner of Smith during the time plaintiffs averred the goods were sold, and pleading accord and satisfaction, and payment; setting up specially in what they consisted, to wit: the receipt mentioned in the opinion of the Court. The receipt was as follows : “ Rec’d, Dog Town, Butte Co., Cal., of Charles Bader, gold dust and coin amounting to one thousand dollars; also,…
1Opinion of the CourtBaldwin, J.
Cope, J. concurring.
Suit was brought against defendant and one Smith, on an account for goods. The defendant pleaded accord and satisfaction, payment, etc. After prima facie proof of indebtedness made on the part of the plaintiffs, the defendants offered a receipt running to Bader, acknowledging payment in full, in gold dust and certain stocks, of all accounts and demands. To the introduction of this receipt, plaintiffs objected, on the ground that it did not purport to comprehend the indebtedness sued on. The objection was sustained. The defendants then offered, by witnesses, to prove that…
2Cited by5 opinions
- Winemiller v. PageSupreme Court of Oklahoma · 1919
- California Packers Co. v. Merritt Fruit Co.California Court of Appeal · 1907
- Shirley v. ShirleyCalifornia Court of Appeal · 1927
- San Pedro Lumber Co. v. SchroeterCalifornia Supreme Court · 1909
- The Gladium Co., Inc. v. ThatcherCalifornia Court of Appeal · 1928