Pilster v. Highton (1892) · DecisionDepot

Pilster v. Highton

Name: California Superior Court Tentative Rulings
Creator: DecisionDepot
License: https://creativecommons.org/licenses/by-nc/4.0/

California Supreme Court Nov 26, 1892 No. No. 14,510Published

AI Brief

AI-generated · verify before citing

Holding. The court held that the complaint, while inartistically drawn, stated sufficient facts to constitute a cause of action on a promissory note.

Issues

Whether the complaint stated facts sufficient to constitute a cause of action.
Whether the complaint was fatally ambiguous or uncertain.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“The complaint was inartistically drawn, but we think it must be held sufficient.”

Synopsis

Promissory Note.—A Complaint on a Note Alleging its date and execution, and promise to pay ninety days therefrom by defendant maker, and a transfer by indorsement to plaintiff, and nonpayment by defendant, states a sufficient cause of action.

PER CURIAM. This is an action upon a promissory note. The complaint was demurred to upon the grounds that it did not state facts sufficient to constitute a cause of action, and was ambiguous and uncertain. The demurrer was overruled, and the defendant given ten days to answer. He declined to answer, and thereupon judgment was entered against him, from which he appeals. The complaint was inartistically drawn, but we think it must be held sufficient. Judgment affirmed.

Pilster v. Highton

AI Brief

Synopsis

More from California Supreme Court

Related research

AI Brief