Wood v. Franks
California Supreme Court
Appeal from a judgment of the Superior Court of Monterey County, and from an order refusing a new trial. On the 7th of May, 1878, Peter Heron was indebted to the firm of Wood, Dutcher & Co., J. K. Alexander, Goodall, Perkins & Co., and the Salinas City Bank, in the aggregate sum of $1,487.25. Being desirous of paying the same, he executed to the firm of Wood, Dutcher & Co. his promissory note for that amount, under an agreement that the payee should assume and pay the…
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Appeal from a judgment of the Superior Court of Monterey County, and from an order refusing a new trial. On the 7th of May, 1878, Peter Heron was indebted to the firm of Wood, Dutcher & Co., J. K. Alexander, Goodall, Perkins & Co., and the Salinas City Bank, in the aggregate sum of $1,487.25. Being desirous of paying the same, he executed to the firm of Wood, Dutcher & Co. his promissory note for that amount, under an agreement that the payee should assume and pay the indebtedness to the other creditors named above. On the same day Wood, Dutcher & Co. transferred the note to the plaintiff.…
1Opinion of the Court
The Court.
1. The complaint is not subject to general demurrer. (Wood v. Franks, 56 Cal. 217.)
2. It is contended that plaintiff acquired no rights through the mortgage, because no consideration passed for the transfer of the note from Wood, Dutcher & Co. to the plaintiff; in other words, that the plaintiff was not the actual owner of the promissory note which the mortgage was given to secure, or of the indebtedness by it represented.
There was evidence tending to prove that prior to the making of the note by Heron to the partnership, Wood, Dutcher & Co., it was agreed, between plaintiff and…
2Cases cited4 opinions
- Tully v. HarloeCalifornia Supreme Court · 1868
- Dana v. StanfordsCalifornia Supreme Court · 1858
- Wood v. FranksCalifornia Supreme Court · 1880
- Lawrence v. NeffCalifornia Supreme Court · 1871
3Cited by9 opinions
- Westheimer v. GoodkindMontana Supreme Court · 1900
- Irwin v. McDowellCalifornia Supreme Court · 1891
- Saurderson v. BroadwellCalifornia Supreme Court · 1889
- Reidy v. CollinsCalifornia Court of Appeal · 1933
- Parkinson Brothers Co. v. FigelCalifornia Court of Appeal · 1914
4 more not listed; retrieve them via the Exa API.