Higgins v. Wortell
California Supreme Court
Appeal from the Tenth District. The complaint, verified, avers, in substance, that Feb. 17th, 1859, defendants, as the firm of Wortell & McDonald, being indebted to Sloss & Co. eight hundred and twenty-eight dollars and sixteen cents, upon a balance of account for goods, wares and merchandise sold and delivered by said firm of Sloss & Co. to said defendants, and which sum they promised to pay, etc., Sloss & Co. assigned said account and indebtedness to plaintiff; that in…
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Appeal from the Tenth District. The complaint, verified, avers, in substance, that Feb. 17th, 1859, defendants, as the firm of Wortell & McDonald, being indebted to Sloss & Co. eight hundred and twenty-eight dollars and sixteen cents, upon a balance of account for goods, wares and merchandise sold and delivered by said firm of Sloss & Co. to said defendants, and which sum they promised to pay, etc., Sloss & Co. assigned said account and indebtedness to plaintiff; that in consideration of said indebtedness, defendants executed and delivered to plaintiff their promissory note as follows, to…
1Opinion of the Court · CopeCope, J.
Field, C. J. concurring.
There is no sufficient denial in the answer of the account upon which the plaintiff sues. The pleadings are verified, and the complaint alleges that the defendants are indebted, etc., for goods, wares and merchandise, sold and delivered to them at their request. The answer denies that they are indebted in the amount stated, but specifies no amount in which they admit themselves to be indebted. Ro effect can be given tp such a denial.
The complaint shows that a note was executed for the amount of this indebtedness, but the objection that the account was thereby satisfied…
Also in this document: Opinion of the Court · Cope.
2Cases cited1 opinion
- Griffith v. GroganCalifornia Supreme Court · 1859
3Cited by6 opinions
- Short v. FrinkCalifornia Supreme Court · 1907
- Conway v. ClintonUtah Supreme Court · 1875
- First Nat. Bank of Kansas City v. RushCourt of Appeals for the Eighth Circuit · 1898
- Simmons Hardware Co. v. ThomasIndiana Supreme Court · 1897
- Huston v. Twin & City Creek Turn Pike Road Co.California Supreme Court · 1873
1 more not listed; retrieve them via the Exa API.