Legal Opinion

Applegarth v. Abbott

California Supreme Court

Decided January 20, 1884PublishedCited by 3 opinions

Appeal from a judgment of the Superior Court of the county of Merced, and from an order refusing a new trial. The facts are stated in the opinion of the court.

1Opinion of the CourtMcKee, J.

The question in this case involves the liability of the indorsers of a promissory note.

The note upon which the question arises was made in Merced County, and was left in the Merced Bank for collection. The president of the bank acted as a notary public. As notary he protested the note, at its maturity, for non-payment, and served notice of its dishonor by mail upon each of the indorsers. In his protest he certified that he had demanded “ personally in writing of the maker payment of the said note, which was refused.” But on his examination as a witness he testified that the note had not been…

2Cases cited1 opinion

  1. Pierce v. WhitneySupreme Judicial Court of Maine · 1848

3Cited by3 opinions

  1. Merchs. Nat'l Bank of Santa Monica v. BentelCalifornia Supreme Court · 1913
  2. Smith v. HirstCalifornia Court of Appeal · 1917
  3. United States of America, by Ramsey Clark, Attorney General of the United States v. Richard Ebbert Gramer D/B/A Tall Pine Inn RestaurantCourt of Appeals for the Fifth Circuit · 1969

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