Hibernia Savings & Loan Society v. Thornton
California Supreme Court
APPEAL from a judgment of the Superior Court of the City and County of S'an Francisco and from an order denying a new trial. J. C. B. Hebbard, Judge. The facts are stated in the opinion of the court.
1ConcurrenceTemple, J.
I concur. Considering the phrase “this note is secured by mortgage of even date herewith” as a mere recital, it is still prima facie evidence of the fact stated as against the payee, but I think the phrase is something more than a mere recital. It is a part of the stipulation in the contract. A clause which substantially changes the nature of the obligation, and which binds the obligor to do something different from what he would be bound to do but for such clause, must be considered a part of the contract as distinguished from a mere recital. If this he not so, it would be difficult to state…
2Cases cited12 opinions
- Biddel v. BrizzolaraCalifornia Supreme Court · 1883
- Lambert v. HaskellCalifornia Supreme Court · 1889
- Woodward v. BrownCalifornia Supreme Court · 1897
- McKean v. German-American Savings BankCalifornia Supreme Court · 1897
- Savings Bank of San Diego v. Central Market Co.California Supreme Court · 1898
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