Hogan v. Burns

Citations

• 4 Cal. Unrep. 62
• 33 P. 631
• 1893 Cal. LEXIS 1056

Syllabus

<p>Appeal—Conflicting Evidence.—Where Plaintiff and Defendant are the principal witnesses in the ease, and their testimony is conflicting, a judgment for plaintiff will not be disturbed in the absence of any reason why the court should have believed defendant rather than plaintiff.</p> <p>Promissory Notes.—An Answer in an Action on Notes which denies that certain of the first four notes have not been paid, and alleges that they have been “satisfied and discharged,” does not plead an accord and satisfaction.</p> <p>Promissory Notes.—In Such Action It Appeared That After the date of such first four notes defendant gave plaintiff an order at the bottom of a stated account against him amounting to $70 less than the face of such notes on the attorney for the executor of a certain estate; that such attorney accepted the order, reciting in the ■acceptance that “certain moneys will in the future, in all probability, become due and payable to” defendant out of the income from certain real estate belonging to such estate, and that the order was payable only out of moneys coming from such estate, “and not claimed or affected by attachments or other claims.” Held, that, though an accord and satisfaction was pleaded, it was not error to exclude such account, order, and acceptance from the evidence in the absence of any offer to show by other evidence that they were intended or accepted as satisfaction of either of the notes, or that either the account or order had been paid.</p>