First National Bank v. Menke
California Supreme Court
The facts are stated in the opinion. D. W. Burchard, William L. Gill, W. 0. Bailey, and N. H. Cast-1 e, for Appellant. I). W. & C. H. Herring-ton, for H. F. Tuck and J. B. Johns, Respondents.
1Opinion of the Court
COOPER, C.
Prior to December 17, 1896, the defendant, Menke, executed a note and mortgage to the assignor of plaintiff upon the wines, machinery, tanks and other personal property of a winery owned by said Menke, in Santa Clara county, and plaintiff was on said day the owner of the said note and mortgage. The defendant, Menlce, being on the said day indebted to respondents, Tuck and Johns, for grapes which they had sold to him, executed and delivered to them his note secured by a second mortgage upon the same property. This mortgage was duly acknowledged, was made in good 'faith, and with no…
2Cases cited4 opinions
- Ruggles v. CannedyCalifornia Supreme Court · 1899
- Francisco v. AguirreCalifornia Supreme Court · 1892
- Beamer v. FreemanCalifornia Supreme Court · 1890
- Brown v. Bank of NapaCalifornia Supreme Court · 1888
3Cited by15 opinions
- Moore v. SchneiderCalifornia Supreme Court · 1925
- First National Bank v. Pomona Tile Manufacturing Co.California Court of Appeal · 1917
- Peterson v. BallCalifornia Supreme Court · 1931
- Quittner v. Los Angeles Steel Casting Co.Court of Appeals for the Ninth Circuit · 1953
- Seattle-First Nat. Bank v. United StatesDistrict Court, E.D. Washington · 1942
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