¶1The payment of the indebtedness of the saloon was a Condition precedent to plaintiff’s right to recover on the notes, and as the complaint does not aver payment, the demurrer should have been sustained.
¶2Judgment reversed, and cause remanded.
8 Cal. 324
Rogers v. Cody
Decided July 1, 1857
California Supreme Court · decided 1857-07-01
This is an action to recover a sum due on two promissory notes; the plaintiff sets out the notes, and also sets out an agreement entered into with defendants, in which it is stated that the notes were given in payment of a certain saloon; that there were debts against the premises sold, to the amount of fifteen hundred dollars, which plaintiff agreed to pay and discharge, and it was stipulated that the notes were to be deposited with a third party, as security for the…
Decided 1857-07-01