Legal Opinion

Giselman v. Starr

California Supreme Court

Decided April 2, 1895No. 15893PublishedCited by 52 opinions

Appeal from a judgment of the Superior Court of Lake County and from an order denying a new trial. The facts are stated in the opinion of the court.

1Opinion of the CourtHenshaw, J.

The appeals are from the judgment and from an order denying a new trial.

Action by plaintiffs as executors of the last will of S. C. Hastings, deceased, to reform, and as reformed to foreclose, a mortgage executed by defendant.

Starr executed the note and mortgage in suit to William Giselman, trustee, in payment and cancellation of an existing note, also secured by mortgage, made by him to S. 0. Hastings. A few days thereafter Giselman indorsed the note, “ Pay to the order of S. C. Hastings, without recourse, William Giselman, trustee,” and delivered it to Hastings. At the same time he…

2Cases cited2 opinions

  1. Gushee v. LeavittCalifornia Supreme Court · 1855
  2. Price v. DunlapCalifornia Supreme Court · 1855

3Cited by52 opinions

  1. Anheuser-Busch, Inc. v. StarleyCalifornia Supreme Court · 1946
  2. Lefrooth v. PrenticeCalifornia Supreme Court · 1927
  3. Powers v. AshtonCalifornia Court of Appeal · 1975
  4. Saks v. Damon Raike & Co.California Court of Appeal · 1992
  5. Greco v. Oregon Mutual Fire InsuranceCalifornia Court of Appeal · 1961

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