Benicia Agricultural Works v. Estes
California Supreme Court
APPEAL from Superior Court, Fresno County; M. K. Harris, Judge. Action by the Benicia Agricultural Works, a corporation, against Lyman W. Estes and M. Estes, for the foreclosure of a mortgage. Plaintiff had judgment, from which, and an order denying a new trial, defendants appeal. Reversed.
1Opinion of the Court
VANCLIEF, C.
Action to foreclose a mortgage executed by Lyman W. Estes to the plaintiff, to secure a joint and several promissory note for $1,200 made by both defendants. The only defense to the action is that the consideration for the note and mortgage was unlawful, as being contrary to the policy of express law. Judgment was rendered in favor of the plaintiff, and defendants appeal from the judgment, and from an order denying their motion for a new trial.
The facts of the alleged defense are substantially as follows: That, at the time of the execution of the note and mortgage, there was…
Also in this document: Per curiam.
2Cases cited7 opinions
- Santa Clara Valley Mill and Lumber Co. v. HayesCalifornia Supreme Court · 1888
- Kreamer v. EarlCalifornia Supreme Court · 1891
- Pacific Factor Co. v. AdlerCalifornia Supreme Court · 1891
- Valentine v. StewartCalifornia Supreme Court · 1860
- Beard v. BeardCalifornia Supreme Court · 1884
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Morey v. PaladiniCalifornia Supreme Court · 1922