Cook v. Hathaway
San Fransisco District Court
On motion for a new trial. This action was commenced on the 22d of August 1856, against Hathaway and Raynor, partners, to recover the sum of $2,603. 30. Plaintiffs allege in their complaint substantially as follows: that on the 14th of November 1855, one E. L. Beard as agent of his wife, made and delivered to plaintiffs the following order on the defendants which was on the same day accepted by them by writing across the face their firm name.
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On motion for a new trial. This action was commenced on the 22d of August 1856, against Hathaway and Raynor, partners, to recover the sum of $2,603. 30. Plaintiffs allege in their complaint substantially as follows: that on the 14th of November 1855, one E. L. Beard as agent of his wife, made and delivered to plaintiffs the following order on the defendants which was on the same day accepted by them by writing across the face their firm name. San Francisco, Nov. 14th, 1855. G. W. Hathaway £ Go. You will please deliver to <7. W Oooh or order all the grain you hold for myaccount subject to your…
1Opinion of the Court
Norton,-J-.
On the trial of this action, I lield that defendants, having accepted the order drawn by Mrs. Beard in favor of the plaintiff, for the grain which by the order she claimed to have in their hands, and having rendered an account admitting the sales to have been made on the plaintiff’s account, and a balance to be due to him, could not be allowed to resist the payment on the ground that they had no grain of *8Mrs. Beard’s in their hands at the time of accepting the order, and accordingly all proofs offered by the defendants tending to prove this fact were ruled out as immaterial. The…
2Cases cited1 opinion
- Adams v. GorhamCalifornia Supreme Court · 1856