Snyder

Snyder v. Miller

Good Law
1916 Cal. App. LEXIS 177·29 Cal. App. 566·157 P. 22
Court of Appeal of CaliforniaFebruary 5, 1916Civ. No. 1376.California3,022 words

Opinion

Lead Opinion

Hart, J.

This is an action on a promissory note. Judgment passed for the plaintiff, and from said judgment the defendants take this appeal.

The record shows and, indeed, counsel for the appellants concede, that the judgment against the defendants, Rotten-berg and Case, was entered upon their default, duly entered, on failure to answer the complaint, on the eleventh day of May, 1914, which was six months prior to the date of the taking this appeal. The appeal as to those defendants is, therefore, abortive, as counsel concede, and they have expressly abandoned the same.

The complaint sets out the note declared upon in haec veri a. It was executed in favor of Roy Snyder, son of the plaintiff, for the sum of $2,472.45, with interest at the rate of 7 per cent per annum, payable monthly, and provided for the payment of the principal sum in monthly installments of five hundred dollars, to be paid, beginning with the fifteenth day of July, 1913, on the fifteenth day of each succeeding month, until the total amount was paid in full, the last installment, however, which was payable on the fifteenth day of October, 1915, involving the sum only of $472.45.

The complaint, as originally filed,…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.