Baker v. Bartol
California Supreme Court
Appeal from the Superior Court of the City of San Francisco. The plaintiff, Henry Baker, filed his original bill against Abraham Bartol, setting forth that the plaintiff was the owner and holder of three promissory notes, made by D. Cronin and L. Markley, doing business, when said notes were made, as Cronin & Markley, to W. K. Pendleton, and by him sold and endorsed to plaintiff, which notes were secured by mortgage on certain land in San Francisco, much below in value the…
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Appeal from the Superior Court of the City of San Francisco. The plaintiff, Henry Baker, filed his original bill against Abraham Bartol, setting forth that the plaintiff was the owner and holder of three promissory notes, made by D. Cronin and L. Markley, doing business, when said notes were made, as Cronin & Markley, to W. K. Pendleton, and by him sold and endorsed to plaintiff, which notes were secured by mortgage on certain land in San Francisco, much below in value the sum due on said notes. That Cronin & Markley had made an assignment to Bartol for the benefit of their creditors, and…
1Opinion of the CourtJustice Heydenfeldt
Mr. Justice Terry concurred.
The first point made in this case is upon the pleadings. The complainant commenced his suit to enforce the trust created by the assignment, in his favor, as a simple contract creditor. Supposing the conduct of the parties to have been fair, he ascertains a certain amount of trust funds in the hands of the assignee, and therefore files a creditor’s bill to obtain a distribution. In such a case, it was not necessary that he should have been a judgment creditor, no more than it is to be a judgment creditor before filing a bill to foreclose a mortgage; and because a…
2Cited by7 opinions
- Jacob v. LorenzCalifornia Supreme Court · 1893
- Riddle v. BakerCalifornia Supreme Court · 1859
- Feldenheimer v. TresselSupreme Court Of The Territory Of Dakota · 1889
- Nichols v. SunderlandCalifornia Court of Appeal · 1926
- Jacoby v. PeckCalifornia Court of Appeal · 1913
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