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87 Cal. 424

Joyce v. Wing Yet Lung

California Supreme Court

Decided January 5, 1891

California Supreme Court · decided 1891-01-05

<p>Appeal from a judgment of the Superior Court of Los Angeles County, and from an order denying a new trial.</p> <p>The facts are stated in the opinion of the court.</p>

Relies on Wheatley v. Strobe

Good law ✅— No negative treatment on recordhow we know

Decided 1891-01-05

How this case has been cited

Cited by 4 later decisions — most recently August 1948

4 state decisions

10189119001910192019301940decided

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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De Haven, J.

¶1The findings show that Wing Yet Lung was on March 27, 1888, indebted to the firm of Joyce & Duncan in the sum of $643.30, and that firm being also indebted to the respondent in the same amount, they upon that day gave an order requesting the appellant to pay respondent the sum of $643.30. Said order was accepted by appellant, and he paid thereon the sum of $300. Judgment was rendered against appellant for the balance of $343.30, and his motion for a new-trial denied.

¶2*425Appellant’s acceptance of the order drawn against hi in by the firm of Joyce & Duncan was only verbal, and upon the trial he objected to the admission of the evidence showing such verbal acceptance, and also to the introduction of the order itself, upon the ground that such acceptance, riot being in writing, was not binding, and (hat the order itself was incompetent evidence without a written acceptance, and these objections, being overruled, are assigned as error.

¶3The court did not err in overruling appellant’s objection to this evidence. (Wheatley v. Strobe, 12 Cal. 92.)

¶4The evidence is sufficient to support the findings, and we find no error in the record.

¶5Judgment and order affirmed.

¶6Garoutte, J., and Paterson, J., concurred.

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