Davis

Davis v. State

Good Law
121 Cal. 210·1898 Cal. LEXIS 876·53 P. 555
Supreme Court of CaliforniaJune 15, 1898Sac. No. 280California1,051 words

Opinion

Lead Opinion

McFarland, J.

This is an action to recover the amount due upon certain interest coupons which were attached to bonds issued by the state of California under an act passed February 15, 1851, “together with legal interest thereon from the respective dates of maturity of said coupons.” The court below rendered judgment for the amount of the coupons, as shown by their face, but refused to give judgment for interest upon said coupons, as prayed for by plaintiff. Plaintiff appeals from the judgment.

The coupons sued on were attached to certain bonds which are generally known as the “Indian war bonds.” The facts with respect to said bonds are fully stated in the opinions of this court in the cases of Sawyer v. Colgan, 102 Cal. 283 , and Molineux v. State, 109 Cal. 378 , 50 Am. St. Rep. 49 , and there need be no further statement of them here. (See, also, Stats. 1851, p. 520.) Appellant contends that the court below erred in not giving *211 judgment for interest on the coupons from the date of their maturity, and this is the only alleged error for which a reversal is asked.

The question here raised by appellant was before this court in the two cases above cited, and was determined against his present…

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