Davis v. Rock Creek L. F. & M. Co.
California Supreme Court
Appeal from a judgment for defendant, and from an order refusing a new trial, in the Second District Court, County of Butte. Hundley, J. The default was opened on the affidavits of Geo. Parry, a stockholder, and J. M. Bassett, the president of the corporation defendant.
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Appeal from a judgment for defendant, and from an order refusing a new trial, in the Second District Court, County of Butte. Hundley, J. The default was opened on the affidavits of Geo. Parry, a stockholder, and J. M. Bassett, the president of the corporation defendant. The affidavit of the former stated that he was the principal stockholder-of the corporation ; that when he ascertained that suit had been commenced, he applied to Bassett to know whether he had been served, and was answered in the negative; that he had always intended to have the defendant enter an appedrance, and came to…
1Opinion of the Court
Ross, J.:
The complaint alleges that on the 14th day of June, 1877, the defendant corporation, for a valuable consideration, executed to A. Wolf & Co. three several-promissory notes, each for the sum of $4,328.33, making in the aggregate the sum of $12,985, and to secure the payment of the notes executed on the same day to Wolf & Co. a mortgage upon the property of the corporation. The notes and mortgage were afterward assigned to the plaintiff, and not having been paid, this action was instituted to foreclose the mortgage. McGrath, who held a subsequent mortgage from the corporation, was made…
2Cases cited3 opinions
- Koehler v. Black River Falls Iron Co.Supreme Court of the United States · 1863
- Cumberland Coal & Iron Co. v. ShermanNew York Supreme Court · 1859
- Andrews v. PrattCalifornia Supreme Court · 1872
3Cited by30 opinions
- Wickersham v. CrittendenCalifornia Supreme Court · 1892
- Wyman v. BowmanCourt of Appeals for the Eighth Circuit · 1904
- Burnes v. BurnesCourt of Appeals for the Eighth Circuit · 1905
- Moore v. GouldCalifornia Supreme Court · 1907
- Hunter Realty Co. v. SpencerSupreme Court of Oklahoma · 1908
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