Legal Opinion

Cordier v. Schloss

California Supreme Court

Decided July 1, 1861PublishedCited by 9 opinions

Appeal from the Fourth District. This case was before the Court in January, 1859, and is reported in 12 Cal. 143, where the facts essential to an understanding of the questions decided now may be found.

Read the full summary

Appeal from the Fourth District. This case was before the Court in January, 1859, and is reported in 12 Cal. 143, where the facts essential to an understanding of the questions decided now may be found. After the return of the cause to the Court below, it was tried upon the issue of actual fraud in the confession of judgment made by Kohn & Brother in favor of Schloss & Heilbroner, plaintiff contending that the judgment was, on its face, prima fade fraudulent, and further introducing evidence aliunde tending to show that it was actually so. The Court below made the following decree: “ This…

1Opinion of the Court

Baldwin J. delivered the opinion of the Court

Field C. J. concurring.

This case was before us at the January term, 1859, (12 Cal. 146). The case was presented, when first here, upon the question whether the failure of the defendants below, who were plaintiffs in the confessed judgment against Kohn & Co., to give a more particular account of the indebtedness confessed, absolutely avoided the judgment—the learned Judge of the Fourth District holding the statement and affidavit to be fatally defective, and, on that account, the judgment a nullity. In our decision on the case (12 Cal. 147) we…

2Cases cited1 opinion

  1. Cordier v. SchlossCalifornia Supreme Court · 1859

3Cited by9 opinions

  1. Estate of BairdCalifornia Supreme Court · 1924
  2. Lee v. FiggCalifornia Supreme Court · 1869
  3. Wilcoxson v. BurtonCalifornia Supreme Court · 1865
  4. Merchants National Bank v. CarmichaelCalifornia Court of Appeal · 1920
  5. Puget Sound National Bank v. LevyWashington Supreme Court · 1895

4 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API