Legal Opinion

Crosett v. Whelan

California Supreme Court

Decided July 1, 1872No. 3,077PublishedCited by 17 opinions

Appeal from the District Court of the Fourth Judicial District, City and County of San Francisco. The defendants had judgment, and the plaintiff appealed. The other facts are stated in the opinion.

1Opinion of the Court

By the Court, Crockett, J.:

The defendants are sued as guarantors of a promissory note made by one Dolan, of which the plaintiff claims to be the bona fide owner and holder for value, having become such, as he alleges, before maturity of the note, and without notice of any defense thereto. The guarantee of the defendants was made simply by indorsing their firm name on the back of the note before it was delivered by Dolan. The note was payable to one Sullivan, who indorsed the same without recourse, and in that form it came to the plaintiff’s hands.

The answer sets up as a defense :

1. That the…

2Cited by17 opinions

  1. Sessions v. Pacific Improvement Co.California Court of Appeal · 1922
  2. Palmer v. Ted Stevens Honda, Inc.California Court of Appeal · 1987
  3. Posz v. BurchellCalifornia Court of Appeal · 1962
  4. Verdelli v. Gray's Harbor Commercial Co.California Supreme Court · 1897
  5. In Re Estate of HellierCalifornia Supreme Court · 1914

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