Legal Opinion

Bostwick v. McEvoy

California Supreme Court

Decided January 17, 1881No. 6,912PublishedCited by 24 opinions

Appeal from a judgment for the plaintiff, and from an order denying a new trial, and from an order modifying said judgment, in the Third District Court of the City and County of San Francisco. Thornton, J. A petition for hearing in bank was filed in this case after judgment, and denied.

1Opinion of the Court

McKee, J.:

On the fourth day of November, 1873, one Kimbell and others sold and conveyed to the defendant, P. H. McEvoy, the tract of land in controversy in this case, for the sum of $9,393.80. To secure payment of the purchase money, John McEvoy joined the defendant P. H. in the execution of four promissory notes, three of them for the sum of $2,398.45 each, and the fourth for the sum of $2,198.45. The first was payable one year, the second two years, the third three years, and the fourth four years, after date; and P. H. McEvoy secured their payment by giving a mortgage upon the land.

But the…

2Cases cited2 opinions

  1. Bank of Stockton v. L. L. Howland & Co.California Supreme Court · 1871
  2. Tyler v. GrangerCalifornia Supreme Court · 1874

3Cited by24 opinions

  1. People v. GreeneCalifornia Supreme Court · 1887
  2. Bull v. CoeCalifornia Supreme Court · 1888
  3. Davis v. ClarkSupreme Court of Kansas · 1897
  4. Scamman v. BonslettCalifornia Supreme Court · 1897
  5. Homestead Savings v. DarmientoCalifornia Court of Appeal · 1991

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