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48 Cal. 634

Winans v. Hassey

California Supreme Court

Decided July 1, 1874

California Supreme Court · decided 1874-07-01

The plaintiff alleged in his complaint that on the 26th of October, 1871, he sold the defendant one hundred and fifty shares of the stock of the Eureka Consolidated Mining Company, for four thousand five hundred dollars, to be paid in United States gold coin, of which sum nine hundred dollars was to be paid on the receipt of a contract, and the balance on delivery of the stock, which was to be delivered at any time thereafter, within thirty days, at the demand of the…

Good law ✅— No negative treatment on recordhow we know

Decided 1874-07-01

How this case has been cited

Cited by 6 later decisions — most recently November 1928

6 state decisions

20187418801890190019101920decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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By the Court, Niles, J.:

¶11. The receipt written in the contract was only prima facie evidence of the payment of the money. It was competent for the plaintiff to prove the habitual course of dealing among members of the Board of Brokers in transactions like the one in question, as tending in some degree to account for the delivery of the contract to the defendant, although the first payment had not been actually made.

¶22. It was alleged in the complaint, and admitted by the .answer, that the contract called for payment in gold coin, and judgment was properly so rendered. It is not required that the verdict in such case should specify the kind of currency or money to be recovered.

¶33. Several exceptions were taken to the admission of evidence, which cannot be considered here, as no specific ground of objection was stated at the trial.

¶4We see no substantial error in any ruling of the Court-Judgment and order affirmed. •

¶5Neither Mr. Justice Ceockett nor Mr. Justice ¡Rhodes expressed an opinion.

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