Fowler v. Smith
California Supreme Court
Appeal from the Superior Court of the City of San Francisco. Fowler filed his complaint on the 13th of February, 1851, stating, that on the 23d of January, 1850, at San Francisco, Smith executed seventeen promissory notes, each for $1000, payable to the plaintiff, one every month, with interest at two per cent, per month; and that on the same day, Smith and wife executed to the plaintiff a mortgage upon a lot in San Francisco, to secure the payment of said notes.
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Appeal from the Superior Court of the City of San Francisco. Fowler filed his complaint on the 13th of February, 1851, stating, that on the 23d of January, 1850, at San Francisco, Smith executed seventeen promissory notes, each for $1000, payable to the plaintiff, one every month, with interest at two per cent, per month; and that on the same day, Smith and wife executed to the plaintiff a mortgage upon a lot in San Francisco, to secure the payment of said notes. The complaint alleged that five of the notes, (the 8th, 9th, 10th, 11th and 12th,) were due and unpaid, and prayed judgment against…
1Opinion of the CourtJustice Murray
The plaintiff filed his petition in the Court below to recover upon five promissory notes, of $1000 each, bearing interest at the rate of two per cent, per month, and for foreclosure of a mortgage upon lot 121, in San Francisco, to secure the payment of these and other notes, given for its purchase. The defendants pleaded in denial; and by way of special defence, alleged that Smith purchased lot 121 from the plaintiff, for the sum of §18000; and executed eighteen promissory notes of $1000 each, bearing two per cent, interest per month, together with a mortgage upon said *43lot, in favour of the…
2Cases cited3 opinions
- Grannis v. ClarkCourt for the Trial of Impeachments and Correction of Errors · 1827
- McKay v. CarringtonU.S. Circuit Court for the District of Ohio · 1829
- Mitchell v. Tucker'sSupreme Court of Missouri · 1846
3Cited by12 opinions
- Carter v. Seaboard Finance Co.California Supreme Court · 1949
- McGary v. HastingsCalifornia Supreme Court · 1870
- O'Sullivan v. GriffithCalifornia Supreme Court · 1908
- Mitchell v. California-Pacific Title InsuranceCalifornia Court of Appeal · 1926
- Richards v. FanningOregon Supreme Court · 1874
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