Orden v. Durham
California Supreme Court
Appeal from the District Court, Second Judicial District, Butte County. The defendant Durham appealed. Bird transferred two of the notes to Catharine Brady, and the plaintiff was the administrator of her estate. The other facts are stated in the opinion of the Court.
1Opinion of the Court
By the Court, Sawyer, C. J. :
On the 9th of October, 1865, one Hopkins executed to Ralph Bird, five promissory notes, amounting in the aggregate to four thousand dollars, being for the purchase money of the furniture of a hotel. At the same time the defendant, Durham, who had no personal interest in the matter, to *142secure the payment of said notes from Hopkins to Bird, executed in favor of Bird a mortgage upon a tract of land in Butte County. There was no covenant in the mortgage that Durham should be personally liable for the debts secured, but, on the contrary, it was expressly provided in…
2Cases cited3 opinions
- Curtis v. TylerNew York Court of Chancery · 1842
- Haven v. Foley & PapinSupreme Court of Missouri · 1853
- Haven v. FoleySupreme Court of Missouri · 1854
3Cited by7 opinions
- Durham v. CraigIndiana Supreme Court · 1881
- Goff v. LaddCalifornia Supreme Court · 1911
- Koons v. First National BankIndiana Supreme Court · 1883
- South Omaha National Bank v. WrightNebraska Supreme Court · 1895
- First Nat. Bank of Bellville v. WheelerCourt of Appeals of Texas · 1896
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