Frank v. Brady

Citations

• 8 Cal. 47
• 1857 Cal. LEXIS 287

Syllabus

<p>Where F sued on a note which had two endorsements, signed by the payee; the first a receipt from F for the amount due; the second, in the words “without recourse to meSold, that there was no presumption that the endorsements were made at different times, or that the payment was a voluntary unconditional payment.</p> <p>In such case, it was proper for the Court to instruct the jury, as a matter of law, to find for the plaintiff, in the absence of evidence showing a legal or moral obligation on the part of plaintiff to pa.y the debt of defendant.</p> <p>This Court will not review an order denying a continuance, except where there has been an abuse of the discretion vested in them by the Court below.</p>