Vinton v. Crowe

Full title: WM. M. VINTON, Respondent, v. JOHN CROWE, Appellant

Court: Supreme Court of California

Date published: Oct 1, 1854

4 Cal. 309 (Cal. 1854)

Opinion

4 Cal. 309 WM. M. VINTON, Respondent, v. JOHN CROWE, Appellant Supreme Court of California October, 1854

         Appeal from the Superior Court of the City of San Francisco.

         JUDGES: Mr. J. Heydenfeldt delivered the opinion of the Court. Mr. Ch. J. Murray concurred.

         OPINION

          HEYDENFELDT, Judge

         The defense relied on will not avail.

         If the plaintiff obtained the note after its maturity, he took it subject to all subsisting equities between the maker and the payee, but not subject to such as subsisted between the maker and any intermediate holder. Such a doctrine has never been countenanced by any authority whatever, and would make a rule both dangerous and absurd.

         Judgment affirmed, with fifteen per cent. damages.