Bennett v. Solomon
California Supreme Court
Appeal from the District Court of the Fifth Judicial District, County of Tuolumne. The plaintiff, Abigail J. Bennett, brought this action against the defendant for unlawfully taking the sum of $2,196 37 in coin, the separate property of plaintiff, from the possession of her agent, who had collected it upon foreclosure of a mortgage made by one John Coe to the husband of plaintiff, and assigned to plaintiff before her marriage.
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Appeal from the District Court of the Fifth Judicial District, County of Tuolumne. The plaintiff, Abigail J. Bennett, brought this action against the defendant for unlawfully taking the sum of $2,196 37 in coin, the separate property of plaintiff, from the possession of her agent, who had collected it upon foreclosure of a mortgage made by one John Coe to the husband of plaintiff, and assigned to plaintiff before her marriage. The defence set up is that the defendant, as sheriff, had seized the money under execution in a suit of Isaac N. Wright against William C. Bennett, the husband of…
1Opinion of the Court
The opinion of the Court was delivered by Mr. Justice Terry.
Mr. Chief Justice Murray concurred.
The plaintiff in this case seeks to recover under an assignment of a mortgage, which assignment on its face purports to have been made in consideration of three thousand dollars.
Defendant in his answer averred that the assignment was made without consideration, with intent to defraud the creditors of the assignor, and was therefore void by the statute of frauds. On the trial the consideration was shown to be the marriage of the plaintiff with the assignor.
It is contended by appellant, that the…
2Cases cited5 opinions
- M'Crea v. PurmortCourt for the Trial of Impeachments and Correction of Errors · 1836
- Hinde's Lessee v. LongworthSupreme Court of the United States · 1826
- Harvey v. AlexanderSupreme Court of Virginia · 1822
- Jack v. DoughertySupreme Court of Pennsylvania · 1834
- Brackett v. WaitSupreme Court of Vermont · 1834
3Cited by5 opinions
- Union Supply Co. v. MorrisCalifornia Supreme Court · 1934
- Solomon v. MaguireCalifornia Supreme Court · 1865
- Smith v. SchwartzUtah Supreme Court · 1899
- Shaver v. Bear River & Auburn Water & Mining Co.California Supreme Court · 1858
- Thatcher v. G. M. Concrete Co., Inc.California Court of Appeal · 1929