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· 4/2/1896

O'Conor v. Clarke

Citations

  • 5 Cal. Unrep. 323
  • 44 P. 482
  • 1896 Cal. LEXIS 1055

Syllabus

<p>Bills and Notes—Indorsement Before Delivery.—A person writing Ms name on a bill before maturity, to enable the drawer to whose order it was drawn to negotiate the same, is liable as an indorser.1</p> <p>Bills and Notes—Indorsement Before Delivery.—A bill drawn payable to the drawer’s order, and indorsed by Mm in blank, before maturity, is transferable by delivery merely.</p> <p>Bills and Notes.—An Indorsee of a Note Takes the Same Subject only to such defenses as would have been good against Ms indorser.</p> <p>Trial.—A Finding That All the Allegations in the Complaint not specifically found on are true, and the allegations in defendant’s answer not specifically found on are untrue, does not require a reversal, where it appears that specific findings, on the allegations not directly found upon, would have necessarily been adverse to appellant.</p> <p>New Trial—Newly Discovered Evidence.—The Refusal of a new trial on the ground of newly discovered evidence will only be reversed for abuse of discretion.</p>

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