Dowdell v. Carpy

GRAY, C.

In this case it is conceded by respondent that “appellant’s statement of the facts, so far as it goes, is substantially correct.” In stating the case we will therefore content ourselves with following the language of appellant’s opening brief as nearly as convenient.

On October 15, 1894, the plaintiffs gave to the Bank of St. Helena their promissory note for twenty-five thousand dollars, secured by a mortgage upon about four hundred and fifty thousand gallons of wine, together with certain machinery, cooperage, and other articles. On January 15, 1895, plaintiffs gave to the bank…