Legal Opinion

Yule v. Bishop

California Supreme Court

Decided August 7, 1901No. S.F. No. 1364PublishedCited by 42 opinions

The facts are stated in the opinion of the court. Edward J. Pringle, E. J. Pringle, Jr., and Fitzgerald & Abbott, for Appellants. Upon payment of note by the accommodation indorser, as surety of the corporation, the only cause of action against the corporation was upon an assumpsit for reimbursement. (Civ.

Read the full summary

The facts are stated in the opinion of the court. Edward J. Pringle, E. J. Pringle, Jr., and Fitzgerald & Abbott, for Appellants. Upon payment of note by the accommodation indorser, as surety of the corporation, the only cause of action against the corporation was upon an assumpsit for reimbursement. (Civ. Code, sec. 2847; Chipman v. Morrill, 20 Cal. 130; Stone v. Hammell, 83 Cal. 551;1 Thomas v. Pacific Beach Co., 115 Cal. 136; 1 Parsons on Notes and Bills, 2d ed., p. 233; Hunt v. Amidon, 4 Hill, 349;2 Schleissman v. Kallenberg, 72 Iowa, 338.3) The surety, though entitled by subrogation to…

1Opinion of the CourtHenshaw, J.

Upon the hearing of this case in Department Two, the following opinion was rendered: —

“ This is an action by plaintiff to enforce the statutory liability of the stockholders for a debt of the corporation. Judgment passed for defendants; plaintiff moved for and obtained an order granting him a new trial, and from that order defendants appeal. The complaint, so far as is necessary for the consideration of the questions here presented, shows that the Consolidated Piedmont Cable Company, a corporation, borrowed from the Oakland Bank of Savings, upon its corporate note, the sum of ten thousand…

2Cases cited15 opinions

  1. Orem v. WrightsonCourt of Appeals of Maryland · 1879
  2. Chipman v. Morill & WebsterCalifornia Supreme Court · 1862
  3. Redington v. CornwellCalifornia Supreme Court · 1891
  4. Moore v. HopkinsCalifornia Supreme Court · 1890
  5. Smith v. RumseyMichigan Supreme Court · 1876

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

3Cited by42 opinions

  1. Erkenbrecher v. GrantCalifornia Supreme Court · 1921
  2. Coulter Dry Goods Co. v. WentworthCalifornia Supreme Court · 1915
  3. Furman v. State BarCalifornia Supreme Court · 1938
  4. Chambers v. FarnhamCalifornia Supreme Court · 1920
  5. Wills v. WoolnerCalifornia Court of Appeal · 1913

37 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