Rogers v. Cody
California Supreme Court Jul 1, 1857Published
Before: Burnett, Terry
Synopsis
Where the payment of a promissory note is by agreement of parties made conditional upon the payment, by the payee, of a certain debt of the payor, such payment is a condition precedent to plaintiff's right to recover on the note, and must be averred in the complaint to have been made.
Terry, C. J., delivered the opinion of the Court—Burnett, J., concurring. The payment of the indebtedness of the saloon was a Condition precedent to plaintiff’s right to recover on the notes, and as the complaint does not aver payment, the demurrer should have been sustained.
Judgment reversed, and cause remanded.
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