Brown v. Rouse
California Supreme Court
Appeal from a judgment of the Superior Court of Santa Clara County, and from an order denying a new trial. The facts are stated in the opinion of the court. There was no ratification by the defendant, as she did not receive any of the money from the ostensible agent,, German Rouse. (Civ. Code, sec. 2310; 1 Am. & Eng.
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Appeal from a judgment of the Superior Court of Santa Clara County, and from an order denying a new trial. The facts are stated in the opinion of the court. There was no ratification by the defendant, as she did not receive any of the money from the ostensible agent,, German Rouse. (Civ. Code, sec. 2310; 1 Am. & Eng. Ency. of Law, 434, and cases cited.) Charlotte D. Rouse, having received and used all the-money, having immediate and full knowledge of the loan, and afterwards paying the interest for two different terms during the space of a year after the loan, ratified and confirmed the…
1Opinion of the CourtMcFarland, J.
This case was here on a former appeal. (Brown v. Rouse, 93 Cal. 237.)
The original complaint alleged these facts: On November 18, 1887, the defendant, Charlotte Bouse, a married woman, by her alleged attorney in fact, G. M. Bouse, who was her husband-, made and executed to plaintiff her promissory note for $1,200, and a mortgage to secure the same on certain land which was her separate property, situated in Santa Clara county, California. She properly acknowledged the power of attorney under which the mortgage was executed, but the notary neglected to recite in his certificate that she was…
2Cases cited3 opinions
- Wetherly v. StrausCalifornia Supreme Court · 1892
- Anderson v. MayersCalifornia Supreme Court · 1875
- Brown v. RouseCalifornia Supreme Court · 1892
3Cited by22 opinions
- Hall v. WeatherfordArizona Supreme Court · 1927
- Hildebrand v. BeckCalifornia Supreme Court · 1925
- Fergus v. SongerCalifornia Court of Appeal · 2007
- Burkle v. BurkleCalifornia Court of Appeal · 2006
- Montgomery v. Bank of America National Trust and Savings Ass'nCalifornia Court of Appeal · 1948
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