Mitchell v. Hackett & Dickenson

Citations

• 14 Cal. 661

Syllabus

<p>Elaintiit in execution, after assigning Ms judgment, pretended falsely and fraudulently to be the owner of it, and so pretending made a contract to discharge the judgment by taking the note of third persons not negotiable, in the mercantile sense, in payment; the makers of the note agreed to this under the supposition induced by him that he was the owner. Held, that the makers of the note, on discovering that the plaintiff was not the owner of the judgment, properly refused to pay the note, even to assignees before maturity thereof.</p> <p>A Sheriff, under his general powers, cannot take anything but legal currency in satisfaction of an execution, and where he takes a note, indorses it on the execu- , tion and then returns it satisfied, the return is not conclusive, and, perhaps, not prima facie evidence of satisfaction, unless it shows some authority for receiving the note.</p> <p>On motion for new trial, it is irregular for the Court to reverse its first judgment, and render a contrary one, without hearing or notice.</p>