Wright v. Ross
California Supreme Court
Appeal from the District Court, Twelfth Judicial District, City and County of San Francisco. On the 12th day of June, 1856, David S. Turner, who was the owner of a lot in the City of San Francisco, borrowed fifty thousand dollars of Stephen A. Wright, and gave him his note therefor, with interest at one and three quarters per cent per month, payable three years from date.
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Appeal from the District Court, Twelfth Judicial District, City and County of San Francisco. On the 12th day of June, 1856, David S. Turner, who was the owner of a lot in the City of San Francisco, borrowed fifty thousand dollars of Stephen A. Wright, and gave him his note therefor, with interest at one and three quarters per cent per month, payable three years from date. Turner, on the same day, executed to Wright a mortgage on the property, to secure the note, which mortgage was, on the 18th of June, 1856, recorded in the proper book of records. The next day after the record of the mortgage…
1Opinion of the Court
At the October Term, 1867, Mr. Chief Justice Currey delivered the following opinion, in which Mr. Justice Rhodes and Mr. Justice Sanderson concurred, Mr. Justice Sawyer and Mr. Justice Shafter dissenting:
The counsel for the respective parties have treated the assignment of the Turner note and mortgage by Buckelew to Ross and the Phelans as an assignment of personal property only; and whether it was merely a pledge or a chattel mortgage in effect has been very fully and elaborately discussed. The appellant’s counsel assume that it was a ¡hedge pure and simple; while the respondents’ counsel…
2Cases cited17 opinions
- Williamson v. . BrownNew York Court of Appeals · 1857
- Kane v. BloodgoodNew York Court of Chancery · 1823
- Wheeler v. . NewbouldNew York Court of Appeals · 1857
- Tuttle v. Jackson ex dem. HillsCourt for the Trial of Impeachments and Correction of Errors · 1830
- Seth v. CramerCourt for the Trial of Impeachments and Correction of Errors · 1825
12 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- People v. RobinsonCalifornia Court of Appeal · 1930
- Luco v. De ToroCalifornia Supreme Court · 1891
- Felton v. Le BretonCalifornia Supreme Court · 1891
- Manhattan Life Ins. v. WrightCourt of Appeals for the Eighth Circuit · 1903
- Flinn v. FerryCalifornia Supreme Court · 1900
14 more not listed; retrieve them via the Exa API.