Rowe v. Table Mountain Water Co.
California Supreme Court
Appeal from the District Court of the Fifth Judicial District, County of Calaveras. This suit was brought against the defendants, a mining corporation, to enforce a mortgage and recover judgment on a promissory note. The complaint alleges that defendants, a corporation, became indebted to A. B. Laforge in the sum of $10,000, and, being so indebted, then and there, in consideration thereof, by and through Bobert McCall, the then president, and one Wm.
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Appeal from the District Court of the Fifth Judicial District, County of Calaveras. This suit was brought against the defendants, a mining corporation, to enforce a mortgage and recover judgment on a promissory note. The complaint alleges that defendants, a corporation, became indebted to A. B. Laforge in the sum of $10,000, and, being so indebted, then and there, in consideration thereof, by and through Bobert McCall, the then president, and one Wm. H. Clary, then secretary of said corporation, for that purpose duly authorized and empowered, made and executed and drew a certain promissory…
1Opinion of the CourtBaldwin, J.
Terry, C., J., and Field, J., concurring.
The first assignment of error is, that the note and mortgage are those of the persons signing—McCall and Clary—and not of the corporation. A default confesses all the material facts in the complaint. Unless it were impossible, in fact, therefore, for this note and mortgage, thus executed, to be the note and mortgage of this corporation, the objection fails. We can not see why the corporation, if it chose to do so, could not as well bind itself in this- form as in any other. A party may bind himself, if such is- his design, by a fictitious signature,…
2Cited by14 opinions
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- Golden Gate Consolidated Hydraulic Mining Co. v. Superior CourtCalifornia Supreme Court · 1884
- Eclipse Fuel Engineering Co. v. Superior CourtCalifornia Court of Appeal · 1957
- O'BRIEN v. ApplingCalifornia Court of Appeal · 1955
- Strong v. ShattoCalifornia Supreme Court · 1927
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