McMahon v. Thomas
California Supreme Court
APPEAL from Superior Court, San Benito County; N. A. Dorn, Judge. Action by Thomas McMahon against John Thomas and Agnes C. Thomas on a promissory note. From an order granting plaintiff’s motion for a new trial, after verdict and judgment in favor of defendants, defendants appeal.
1Opinion of the CourtHenshaw, J.
Appeal from an order granting plaintiff a new trial. The action was on a promissory note, and was tried with a jury. Defendants pleaded fraud in the procurement of the instrument, setting up that one Burns, as agent of the Mutual Life Insurance. Company of New York, represented to them that his company would upon application issue to John Thomas a policy of life insurance, under which, by making annual premium payments of $366 for fifteen years, he would then be entitled to $5,000, “death or no death,” and that should he pay such premiums for three or any greater number of years, and then…
2Cited by33 opinions
- Childers v. ChildersCalifornia Court of Appeal · 1946
- Noyes v. Bank of ItalyCalifornia Supreme Court · 1929
- Wood v. RoachCalifornia Court of Appeal · 1932
- Coleman v. Brotherhood State BankCourt of Appeals of Kansas · 1979
- Hopper v. KeysCalifornia Supreme Court · 1907
28 more not listed; retrieve them via the Exa API.