Atwood

Atwood v. Little Bonanza Quicksilver Co.

Good Law
13 Cal. App. 594·1910 Cal. App. LEXIS 280·110 P. 344
Court of Appeal of CaliforniaJune 14, 1910Civ. No. 807.California813 words

Opinion

Lead Opinion

Allen, J.

The action was upon certain negotiable instruments on their face executed by the corporation at Boston, Massachusetts, without definite place of payment therein stated. At the commencement of the action, plaintiffs, by an affidavit filed, alleged that the notes were payable within this state, and other facts requisite in order to procure a writ of attachment. No statements, however, were therein contained as to the residence of defendant corporation. The writ was issued and a motion made to dissolve the same, upon the ground that the instruments were made in another state and were not payable in this state. Upon the hearing of such motion, affidavits were presented by the defendants to the effect that defendant corporation was a foreign corporation, with its principal place of business in Massachusetts; that the members of the board of directors were all residents of said state; that the notes were there executed,- copies of which notes were set-out in the affidavits. Plaintiffs by certain affidavits filed sought to show that, notwithstanding the omission to specify the place of payment, it was understood and agreed when said notes were delivered that the same were payable either…

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