Legal Opinion
Dyer Law & Collection Co. v. Abbott
California Court of Appeal
Decided May 6, 1921No. Civ. No. 3612PublishedCited by 7 opinions
The facts are stated in the opinion of the court.
1Opinion of the CourtShaw, J.
Defendant appeals from a judgment rendered in favor of plaintiff in an action brought to recover upon a promissory note.
As a special defense, the defendant by answer alleged that with the execution and delivery of the note and as security for the payment thereof, he and plaintiff’s assignor executed an agreement, copy of which is set out in the answer, which agreement “is in truth and in fact a mortgage on real estate and was given as security for the obligation sued upon in this action.” The agreement contained a clause as follows: “The payment of the said promissory note and moneys is…
2Cases cited5 opinions
- In re the Estate of GarcelonCalifornia Supreme Court · 1894
- Toby v. Oregon Pacific RailroadCalifornia Supreme Court · 1893
- Savings Bank of San Diego v. Central Market Co.California Supreme Court · 1898
- Merced Security Savings Bank v. CasacciaCalifornia Supreme Court · 1894
- Otto v. LongCalifornia Supreme Court · 1900
3Cited by7 opinions
- Stoneman v. FritzCalifornia Court of Appeal · 1939
- Giandeini v. RamirezCalifornia Court of Appeal · 1936
- Republic Truck Sales Corp. v. PeakCalifornia Supreme Court · 1924
- Security-First National Bank of Los Angeles v. ChapmanCalifornia Court of Appeal · 1939
- Kaiser Industries Corp. v. TaylorCalifornia Court of Appeal · 1971
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