Grangers' Business Ass'n v. Clark
California Supreme Court
Appeal from an order of the Superior Court of the county of Alameda granting a new trial. ' The facts are stated in the opinion of the court.
1Opinion of the CourtRoss, J.
The plaintiff loaned the defendant a certain sum of money, in consideration of which defendant executed to the plaintiff his certain promissory note, together with a mortgage upon certain property, to secure its payment; and this action by the plaintiff to foreclose the mortgage is resisted by defendant upon the alleged grounds (1) of irregularities in the organization of the plaintiff corporation, and (2) of the want of power on plaintiff’s part to enter into the contract.
Upon established principles of equity, appellant’s mouth is closed in respect to both points. (Sedgwick Stat. and Const.…
2Cited by7 opinions
- Bank of Shasta v. BoydCalifornia Supreme Court · 1893
- J. I. Case Threshing MacHine Co. v. Copren Bros.California Court of Appeal · 1919
- Camp v. LandCalifornia Supreme Court · 1898
- Raphael Weill & Co. v. CrittendenCalifornia Supreme Court · 1903
- Bay City Building & Loan Ass'n v. BroadCalifornia Supreme Court · 1902
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