Cousins v. Partridge

Citations

• 79 Cal. 224
• 21 P. 745
• 1889 Cal. LEXIS 705

Syllabus

<p>Promissory Note — Consideration—Attorney and Client—Appeal— Review of Evidence. — When there is strong evidence to show that a note was given by a client to his attorney, and that there was a consideration therefor, the mere fact that the relation of attorney and client existed, and that the claim ought to be looked upon with suspicion, will not warrant the appellate court in saying that a verdict sustaining the note was not justified by the evidence.</p> <p>Trial—Instructions—Reading Case to Jury.—It is not ground of reversal for the court to read to the jury the opinion of the court of appeals of New York in a somewhat similar ease, if the opinion contained a correct statement of the law, and was applicable to the case; though such practice is, perhaps, not to he commended.</p> <p>Instructions — Taking Question from Jury. — WTien the instructions taken together are correct, and submit every question to the jury, it is not ground of reversal that one of the instructions speaks of a particular question as “just about the only one to be determined”; it appearing from the other instructions that another question in the ease was fully discussed, and correctly submitted to the jury.</p> <p>Trial — Order of Proof—Opening Case — Discretion. —It is in the discretion of the court to allow plaintiff to introduce testimony after defendant has closed his evidence.</p> <p>Id.—Remarks of Court — Appeal — Error not Excepted to.—Remarks of the court made during.the trial about the immateriality of certain evidence which was admitted, cannot be reviewed on appeal, if not excepted to when made.</p> <p>Negotiable Paper—Note Payable on Demand—Apparent Maturity — Demand. —The payee of a demand note may sue the maker without any demand other than that made by the suit itself. Section 3135 of the Civil Code, in relation to the apparent maturity of a demand note, relates only to cases where a demand is necessary to charge an indorser, and is intended to fix the limits of a reasonable t