Legal Opinion

Bierce v. Red Bluff Hotel Co.

California Supreme Court

Decided July 1, 1866PublishedCited by 10 opinions

Appeal from the District Court, Second Judicial District, Tehama County. The defendant, the Bed Bluff Hotel Company, was a corporation. On the 25th day of July, 1863, it was indebted to defendant, Byers, for work in building a hotel at Bed Bluff, Tehama County, and upon a settlement, executed to Byers a written contract, by which the corporation agreed to pay him five thousand dollars in full for the indebtedness.

Read the full summary

Appeal from the District Court, Second Judicial District, Tehama County. The defendant, the Bed Bluff Hotel Company, was a corporation. On the 25th day of July, 1863, it was indebted to defendant, Byers, for work in building a hotel at Bed Bluff, Tehama County, and upon a settlement, executed to Byers a written contract, by which the corporation agreed to pay him five thousand dollars in full for the indebtedness. July 25th, 1863, Byers borrowed of Doll & Simpson one thousand dollars, and as collateral security for its payment at the end of three months, assigned to them the contract of the…

1Opinion of the Court

By the Court, Rhodes, J.:

It was a material issue in this case, whether the plaintiffs took the note and mortgage in suit, with notice that they were made on a settlement between Byers, the plaintiffs’ assignor, and the Red Bluff Hotel Company, in respect to a certain contract theretofore entered into between them, and that such contract had been assigned, or pledged, by Byers to Doll & Simpson before such settlement, and was held by them when the settlement was made. The finding upon that issue was as follows : “ It was stipulated, in open Court, by the attorneys of the Red Bluff Hotel…

2Cases cited4 opinions

  1. The Mechanics Bank of Alexandria v. LOUISA & MARIA SETONSupreme Court of the United States · 1828
  2. Astor v. WellsSupreme Court of the United States · 1819
  3. Jackson ex dem. Glover v. WinslowNew York Supreme Court · 1828
  4. Jackson ex dem. Hopkins v. LeekNew York Supreme Court · 1838

3Cited by10 opinions

  1. Hanlon v. Western Loan & Building Co.California Court of Appeal · 1941
  2. Jefferson v. HewittCalifornia Supreme Court · 1894
  3. Renton, Holmes, & Co. v. MonnierCalifornia Supreme Court · 1888
  4. Butler v. MorseSupreme Court of New Hampshire · 1891
  5. Greer v. Shell Petroleum Corp.Appellate Court of Illinois · 1935

5 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API