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Utter v. Eames

Supreme Court of California
Jul 1, 1881
59 Cal. 5 (Cal. 1881)

Opinion

         Department Two

         Appeal from a judgment for the plaintiff and from an order denying a new trial in the Superior Court of Marin County. Bowers, J.

         COUNSEL

          Henry P. Irving, for Appellant.

          E. B. Mahon, for Respondent.


         OPINION

         The Court:

         There was evidence in this case which tended to prove that the defendant at a certain time was indebted to the Eagle Copper and Silver Mining Company, of which the plaintiff was Secretary and Treasurer, in the sum of two thousand dollars, which the plaintiff, at the request of the defendant, paid, and took the promissory notes of the defendant, sued upon in this action therefor. If there is any evidence tending to prove the contrary, it simply constitutes a conflict in the evidence. Findings were waived, and as the judgment is in favor of the plaintiff, the presumption is that the Court found in favor of the plaintiff upon that, as well as upon every other controverted question in the case.

         Judgment affirmed.


Summaries of

Utter v. Eames

Supreme Court of California
Jul 1, 1881
59 Cal. 5 (Cal. 1881)
Case details for

Utter v. Eames

Case Details

Full title:F. W. UTTER v. HENRY A. EAMES

Court:Supreme Court of California

Date published: Jul 1, 1881

Citations

59 Cal. 5 (Cal. 1881)

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