Crary v. Bowers
California Supreme Court
Appeal from the Eleventh Judicial District. Plaintiff, on the twenty-second day of April, 1858, was the holder of a note against defendant Bowers for $4,000, secured by a mortgage on a mining claim owned by same defendant. Bowers on that day contracted to sell the claim to defendant Benedict, and the two .executed the agreement set forth in the findings of fact.
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Appeal from the Eleventh Judicial District. Plaintiff, on the twenty-second day of April, 1858, was the holder of a note against defendant Bowers for $4,000, secured by a mortgage on a mining claim owned by same defendant. Bowers on that day contracted to sell the claim to defendant Benedict, and the two .executed the agreement set forth in the findings of fact. This action on the original note was commenced April 29th, 1858&emdash;the |1600 mentioned in the agreement not having been paid, and the two thousand dollar note not then being due. In January, 1861, and a few days before the last…
1Opinion of the CourtCope, J.
This is an action upon a note and mortgage for four thousand dollars. The defense set up grows out of an arrangement by which one Benedict assumed the payment of this indebtedness. Two notes, payable at different times, were executed by him for the amount, and these notes were delivered to and accepted by the plaintiff. The original securities, however, were not given up, nor does it appear that the notes were received in satisfaction of the demand arising upon these securities. The Court finds that the parties intended a conditional payment, and there is no doubt that such was the object and…
2Cited by4 opinions
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- Lindsay v. MacKCalifornia Court of Appeal · 1935
- Alferitz v. IngallsU.S. Circuit Court for the District of Nevada · 1897
- Hooker v. East Riverside Irrigation DistrictCalifornia Court of Appeal · 1918