Pleasant

Pleasant v. Samuels

Caution
114 Cal. 34·1896 Cal. LEXIS 849·45 P. 998
Supreme Court of CaliforniaAugust 14, 1896S. F. No. 284California1,545 words

Opinion

Lead Opinion

This action was commenced June 3, 1895, and the complaint contains two counts or causes of action, separately stated.

The first count alleges that defendant is indebted to the plaintiff in the sum of thirty-two thousand three hundred and sixty-four dollars and six cents on account of moneys heretofore, at the special instance and request of defendant, paid, laid out, expended, loaned, and advanced to and for the defendant by the plaintiff, and that the defendant had not paid to plaintiff any part or portion of said sum.

The second count alleges that plaintiff executed to defendant, at his special instance and request, and for his accommodation, without any consideration therefor, thirty-two promissory notes, the date, amount, and maturity of each of said notes being stated. The first note became due and payable on May 17, 1885, and the last on September 7, 1888, and the aggregate amount of *37 principal due on all the notes was thirty-two thousand three hundred and sixty-four dollars and six cents.

It is further alleged that “ after the execution by the plaintiff to the defendant of the said notes hereinbefore referred to, and before the maturity thereof, the defendant indorsed…

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