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Byrnes v. Claffey

Supreme Court of California
Jan 1, 1880
54 Cal. 155 (Cal. 1880)

Opinion

         Appeal from the Twelfth District Court, City and County of San Francisco.

         Action upon a promissory note, which is set out in the complaint.

         The answer contained a general denial; a plea that the note was obtained by false and fraudulent representations as to the amount of certain indebtedness of the defendant to the plaintiff, for which it was given; a plea of payment; and a counterclaim for $ 865.90.

         The Court found that there was due to the plaintiff from the defendant, upon the promissory note set out in the complaint, the sum of $ 943.30.

         COUNSEL:

         O'Connor & Pardow, and Frank O'Connor, for Appellant.

          George W. Fox, for Respondent.


         OPINION

         Department No. 1, by the Court (from the Bench):

         The Court below failed to find upon material issues raised by the pleadings.

         Judgment and order reversed, and cause remanded for a new trial.


Summaries of

Byrnes v. Claffey

Supreme Court of California
Jan 1, 1880
54 Cal. 155 (Cal. 1880)
Case details for

Byrnes v. Claffey

Case Details

Full title:BYRNES v. CLAFFEY

Court:Supreme Court of California

Date published: Jan 1, 1880

Citations

54 Cal. 155 (Cal. 1880)

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