gno.law

Wakeman v. Vanderbilt

California Supreme Court · · 1853-10-15 · Published · 3 Cal. 380

WAKEMAN v. VANDERBILT

Area
civil
Panel
Solomon Heydenfeldt (author)

Analysis

No analysis yet. When one exists it is a model's reading of this opinion — the rulings it reviewed, whether it agrees with the court, and the authorities it checked — shown beside the court's own disposition, never in place of it. How analyses are made.

Opinion — Heydenfeldt

Heydenfeldt, Justice, delivered the opinion of the court.

The decision of the court below was correct.

No right of action can accrue to the defendant against the plaintiff, on the draft in favor of Bade, White & Co., until the defendant has paid it; and certainly if there is no right of action, there is no right of set-off.

Judgment affirmed.