Sharp v. Goodwin
California Supreme Court
Appeal from the District Court, Nineteenth Judicial District, City and County of San Francisco. Action to recover five hundred and sixty dollars and sixty-six cents, alleged to have been received by the defendants to and for the use of the plaintiff.
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Appeal from the District Court, Nineteenth Judicial District, City and County of San Francisco. Action to recover five hundred and sixty dollars and sixty-six cents, alleged to have been received by the defendants to and for the use of the plaintiff. The defendants denied the allegations of the complaint, and by way of special defense, alleged that one William Campbell, being in failing circumstances, compromised with his creditors by executing promissory notes, secured by mortgage, to the defendants, who were doing business under the firm-name of Goodwin & Co., for the amount of his…
1Opinion of the Court
By the Court:
The cause was tried by the court without a jury, and findings were expressly waived by the parties. A judgment having been entered for the defendants, the plaintiff appeals from the judgment and from the order denying his motion for a new trial.
If A. P. Holmes and the California Furniture Manufacturing Company took the notes and mortgage, with notice of the plaintiff’s interest, they took them subject to his rights; and when the amount due on the notes was paid to the Manufacturing Company, it became its duty to account to the plaintiff for his proportion of it. We must presume,…
2Cited by1 opinion
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