California Supreme Court · decided 1875-07-01
<p>Appeal from the District Court, Third Judicial District, County of Alameda.</p> <p>Action upon a promissory note, of -which the following is a copy:</p> <p>“$2,500. San Francisco, August 21, 1871.</p> <p>“Thirty days after demand, at the banking house of Belloc Freres, San Francisco, for value received, we jointly and severally promise to pay to the order of Jane E. Chase, at said banking house, the sum of twenty-five hundred dollars in U. S. gold coin, with interest thereon, in like gold coin, at the rate of one and one half per cent, per month, payable monthly in advance.</p> <p>“M. G-. Cobb,</p> <p>[Stamp.] “G-. G. Briggs,</p> <p>“John Evoy.”</p> <p>The complaint averred that John Evoy died on the 17th day of March, 1873, and that on the 14th day of April, 1873, the defendant became the administratrix of his estate, and that, on the 27th day of October, 1873, the plaintiff duly presented to the defendant for allowance, the note, as a claim against the estate, and that the defendant rejected the same. The action was commenced on the 16th day of December, 1373. The defendant demurred to the complaint, because it did not state facts sufficient to constitute a cause of action. The Court overruled the demurrer, and rendered judgment for the plaintiff. The defendant appealed.</p>
Good law ✅— No negative treatment on recordhow we know
Decided 1875-07-01
