Legal Opinion

McMannus v. Temple Estate Co.

California Court of Appeal

Decided November 29, 1935No. Civ. 9907PublishedCited by 5 opinions

1Opinion of the Court

ROTH, J., pro tem.

Respondent, as assignee of Baash-Ross Tool Company and as plaintiff, brought suit on a promissory note in the principal sum of $12,000 and a guaranty thereof. The note was executed by defendant Temple Estate Company, a corporation, hereinafter referred to as estate, and recited on its face that it “is secured by a declaration of trust covering real and personal property”. The declaration of trust in question named a number of beneficiaries, all of whom were creditors of the estate, respondent’s assignor being one of them. The other three defendants, of whom appellant Dupuy…

2Cases cited4 opinions

  1. First Congregational Church of Christ v. LowreyCalifornia Supreme Court · 1917
  2. Driscoll v. WintersCalifornia Supreme Court · 1898
  3. Lasky v. BewCalifornia Court of Appeal · 1913
  4. Parke & Lacy Co. v. White River Lumber Co.California Supreme Court · 1896

3Cited by5 opinions

  1. Boteler v. ConwayCalifornia Court of Appeal · 1936
  2. Mortgage Finance Corp. v. HowardCalifornia Court of Appeal · 1962
  3. Ralston Purina Co. v. CarterCalifornia Court of Appeal · 1962
  4. Coutin v. NessanbaumCalifornia Court of Appeal · 1971
  5. Steiner Lumber Co. of Contra Costa, Inc. v. SteggeCalifornia Court of Appeal · 1962

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