Legal Opinion

Savings Bank of San Diego v. Barrett

California Supreme Court

Decided October 24, 1899No. L.A. No. 480PublishedCited by 25 opinions

APPEAL from a judgment of the Superior Court of San Diego County and from an order denying a new trial. J. ,W. Hughes, Judge. The facts are stated in the opinion of the court.

1Opinion of the CourtHarrison, J.

—The plaintiff is a corporation organized under the provisions of title X of the part of the Civil Code relating to corporations, and seeks by this action the foreclosure of a mortgage executed to it by the defendant June 15, 1893, to secure the payment of his promissory note of the same date. Judgment was rendered in favor of the plaintiff, and the defendant has appealed.

The defendant admits the execution of the note and mortgage, but defends the action thereon upon the ground that the same was without consideration, and in support of his defense alleges that in June, 1888, he executed a…

2Cases cited4 opinions

  1. Barnitz v. BeverlySupreme Court of the United States · 1896
  2. Kreling v. KrelingCalifornia Supreme Court · 1897
  3. Jennings v. DavisSupreme Court of Connecticut · 1862
  4. New England Mutual Life Insurance v. PhillipsMassachusetts Supreme Judicial Court · 1886

3Cited by25 opinions

  1. Baldwin-Lima-Hamilton Corp. v. Superior CourtCalifornia Court of Appeal · 1962
  2. Person v. . WattsSupreme Court of North Carolina · 1922
  3. Person v. Board of State Tax CommissionersSupreme Court of North Carolina · 1922
  4. Dean v. HawesCalifornia Court of Appeal · 1916
  5. J. F. Lucey Co. v. McMullenCalifornia Supreme Court · 1918

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