Legal Opinion

Carver v. Steele

California Supreme Court

Decided February 23, 1897No. S. F. No. 258PublishedCited by 20 opinions

Appeal from a judgment of the Superior Court of the City and County of San Francisco, and from an order denying a new trial. J. M. Seawell, Judge. The facts are stated in the opinion.

1Opinion of the Court

Britt, C.

On March 18, 1889, one Staples borrowed of one Montgomery a sum of money; to secure its repayment Staples and S. B. Steele executed their promissory note payable in ninety days to E. W. Steele who indorsed the same to Montgomery; as between Staples and the Steeles they were sureties for him in this transaction. As further security for the loan Staples and his wife executed to Montgomery a mortgage, in form a bargain and sale deed, of a tract of land which was subject to a prior mortgage in favor of John and Louisa Bauerle. Finding that he would be unable to pay said note when due…

2Cases cited7 opinions

  1. Bull v. CoeCalifornia Supreme Court · 1888
  2. First National Bank v. . WoodNew York Court of Appeals · 1877
  3. Fuller v. Tomlinson Bros.Supreme Court of Iowa · 1882
  4. Brown v. WillisCalifornia Supreme Court · 1885
  5. Whiting v. ClarkCalifornia Supreme Court · 1861

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3Cited by20 opinions

  1. Martin v. BeckerCalifornia Supreme Court · 1915
  2. Kinsel v. BallouCalifornia Supreme Court · 1907
  3. First Nat. Bank of Midland v. PowellCourt of Appeals of Texas · 1912
  4. Loeb v. ChristieCalifornia Supreme Court · 1936
  5. Murphy v. Hellman Commercial Trust & Savings BankCalifornia Court of Appeal · 1919

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