Higgins v. Wortell

Citations

• 18 Cal. 330
• 1861 Cal. LEXIS 188

Syllabus

<p>Whbke the complaint, verified, avers that defendant is indebted to plaintiff for goods, wares and merchandise sold and delivered, in the sum of eight hundred and twenty-eight dollars and sixteen cents, and the answer denies that defendant is indebted in the sum of eight hundred and twenty-eight dollars sixteen cents as is set out in said complaint: Held, that the denial is insufficient.</p> <p>Where a note is executed for the amount of an account, without any agreement that the account is thereby satisfied or discharged, the only effect of the note is to extend the time of payment. Upon failure to pay at the maturity of the note, a right of action accrues upon the account as well as on the note.</p> <p>It is not essential to the certificate of a Notary to a deposition taken before him, that it state that the deposition was read over to the witness before signing. But if the certificate state that the deposition was corrected by the-Notary, under the direction of the witness, it is a sufficient compliance with the statute, because showing, by necessary implication, that the deposition was either read to or examined by the witness.</p> <p>A whole deposition cannot be excluded on the ground that certain questions asked on the examination were improper. The objection to the deposition on this ground must be confined to the particular questions, otherwise, any error in permitting the questions will be waived.</p>