De Witt v. Porter

California Supreme Court July 1, 1859

De Witt v. Porter, 13 Cal. 171 (Cal. 1859)

Terry

Opinion of the Court

Terry, C. J. delivered the opinion of the Court

Baldwin, J. concurring.

*172The complaint in this cause sufficiently states a cause of action for money ascertained to he due, upon a statement of accounts, which, it is averred, defendant promised to pay. The demurrer was properly overruled.

It clearly appears, from the record, that the appeal is without merit. The judgment is, therefore, affirmed, with fifteen per cent, damages and costs.

Reference

Full Case Name: DE WITT v. PORTER
Cited By: 2 cases
Status: Published
Syllabus: A complaint, stating that whereas said defendant was justly indebted to plaintiffs in the sum of three thousand dollars for money paid, laid out, and expended, for the use and benefit of said defendant, and at his special instance and request, to-wit: at, etc. and on the 1st day of April, 1857, and in the sum of three thousand dollars, for money found to be due from the defendant to the plaintiffs on an account then stated between them; and the said defendant being so indebted to the plaintiffs afterwards, to-wit: on the day and year aforesaid, at the place aforesaid, undertook and faithfully promised the plaintiffs to pay the same, etc. and that said sum is due and unpaid, sufficiently states a cause of action.