Horn v. Volcano Water Co.
California Supreme Court
Appear from the Fifth District. Plaintiff brought suit against the Yol cano Water Company on a note and mortgage executed by the Trustees of the company. The other defendants were the holders of a note and mortgage executed by said company, of even date with the plaintiffs, and with the agreement that the two mortgages should be paid pro rata. The company filed a general denial in answer. Some of the other defendants answered, but it is not material to notice the answers.
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Appear from the Fifth District. Plaintiff brought suit against the Yol cano Water Company on a note and mortgage executed by the Trustees of the company. The other defendants were the holders of a note and mortgage executed by said company, of even date with the plaintiffs, and with the agreement that the two mortgages should be paid pro rata. The company filed a general denial in answer. Some of the other defendants answered, but it is not material to notice the answers. Certain creditors of the company intervened, alleging fraud in the execution of the note and mortgage to plaintiff, and…
1Opinion of the CourtField, J.
Baldwin, J. and Terry, C. J. concurring.
It was error to render judgment for the defendants. A copy of the note in suit is attached to the complaint, and the answer *69of the company is simply a general denial, without verification ; and thus, by force of the statute, the genuineness and due execution of the note by the company, are to be regarded as admitted. The claims asserted by the other defendants are not inconsistent with a recovery by the plaintiff. In the judgment their rights could have been fully protected. Upon the pleadings, therefore, as between the original parties to the action,…
2Cases cited10 opinions
- Sexton v. WheatonSupreme Court of the United States · 1823
- Elliott v. HornSupreme Court of Alabama · 1846
- Moss v. WarnerCalifornia Supreme Court · 1858
- Bennett v. President of the Bedford BankMassachusetts Supreme Judicial Court · 1814
- Miller v. ThompsonSupreme Court of Alabama · 1836
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3Cited by87 opinions
- United States v. American Telephone & Telegraph Co.Court of Appeals for the D.C. Circuit · 1980
- Morgareidge v. HoweySupreme Court of Florida · 1918
- Thompson v. Huron Lumber Co.Washington Supreme Court · 1892
- Wightman v. Evanston Yaryan Co.Illinois Supreme Court · 1905
- Kimball v. Richardson Kimball Co.California Supreme Court · 1896
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