Legal Opinion

Montgomery v. Sayre

California Supreme Court

Decided October 27, 1893No. 18132PublishedCited by 12 opinions

Appeal from a judgment of the Superior Court of Fresno County, and from an order denying a new trial. The facts are stated in the opinion of the court upon this appeal, and in the opinion rendered upon the former appeal, reported in 91 Cal. 206.

1Opinion of the CourtMcFarland, J.

This is an appeal by plaintiff from, a an denying a motion for a new trial. The main history of the case is stated in the opinion of this court upon a former appeal (Montgomery v. Sayre, 91 Cal. 206); and it need not be repeated here.

The first question in the case is whether or not Sayre, deceased, made the ten thousand dollar promissory note to appellant sued on as surety for W. S. Chapman. Respondent contends that this question was decided affirmatively by this court on the former appeal, and that such decision is the law of the case. This court did say in its opinion on that appeal that “…

2Cases cited2 opinions

  1. Montgomery v. SayreCalifornia Supreme Court · 1891
  2. Cassin v. MarshallCalifornia Supreme Court · 1861

3Cited by12 opinions

  1. Herdan v. HansonCalifornia Supreme Court · 1920
  2. In Re Estate of RossCalifornia Supreme Court · 1915
  3. Eppinger v. KendrickCalifornia Supreme Court · 1896
  4. Charles H. Alberding v. Everett S. M. Brunzell and Dana Brunzell, Charles H. Alberding v. Everett S. M. Brunzell and Dana BrunzellCourt of Appeals for the Ninth Circuit · 1979
  5. Tennessee-Hermitage Nat. Bank v. HaganSupreme Court of Alabama · 1928

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