Smith v. Hall & Huggins
California Supreme Court
Appeal from the Fifth District. The facts appear in the opinion. The note in question was alleged to be a joint and several note of Cook & Kinney to the order of plaintiff. Plaintiff had judgment below. Defendant appeals.
1Opinion of the CourtBaldwin, J.
—Cope, J. concurring.
Cook made his note (with Mr. Kinney) oh the 27th June, 1851, due July 22d, 1852. He died February 15th, 1852. Letters of administration issued on his estate December 4th, 1856. On the fifth of March, 1859, the claim was presented to the administrator and rejected; and on the twelfth of March, 1859, this suit was brought. On demurrer to the complaint presenting these facts, the Court held that the Statute of Limitations did not bar the claim. The defendant appeals from the judgment.
*86We have held in several eases that if it appear upon the face of the complaint that the…
2Cases cited1 opinion
- Stanford v. ScannellCalifornia Supreme Court · 1858
3Cited by14 opinions
- Grattan v. WigginsCalifornia Supreme Court · 1863
- Hibernia Sav. and Loan Soc. v. FarnhamCalifornia Supreme Court · 1908
- Sammis v. JamesSupreme Court of Florida · 1893
- Kelley v. KriessCalifornia Supreme Court · 1885
- Estate of BullardCalifornia Supreme Court · 1897
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