Applegarth v. Abbott
California Supreme Court
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
- Pierce v. WhitneySupreme Judicial Court of Maine · 1848
3Cited by3 opinions
- Merchs. Nat'l Bank of Santa Monica v. BentelCalifornia Supreme Court · 1913
- Smith v. HirstCalifornia Court of Appeal · 1917
- 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