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59 Cal. 5

Utter v. Eames

California Supreme Court

Decided July 15, 1881

California Supreme Court · decided 1881-07-15

<p>Promissory Note—Consideration—Conflict of Evidence.</p>

Cited by 1 later decisions — most recently June 1895

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1881-07-15

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The Coubt:

¶1There was evidence in this case which tended to prove that the defendant at a certain time was indebted to the Eagle Copper and Silver Mining Company, of which the plaintiff was Secretary and Treasurer, in the sum of two thousand dollars, which the plaintiff, at the request of the defendant, paid, and took the promissory notes of the defendant, sued upon in this action therefor. If there is any evidence tending to prove the contrary, it simply constitutes a conflict in the evidence. Findings were waived, and as the judgment is in favor of the plaintiff, the presumption is that the Court found in favor of the plaintiff upon that, as well as upon every other controverted question in the case.

¶2Judgment affirmed.

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