Legal Opinion

Pierce v. Merrill

California Supreme Court

Decided May 3, 1900No. S.F. No. 1351PublishedCited by 28 opinions

The facts are stated in the opinion. Shortridge, Beatty & Brittain, and F. P. Flint, for Appellants. The guaranty was absolute and unconditional, and was broken at maturity of the debt of the corporation. (Civ. Code, secs. 2806, 2807; Coburn v. Brooks, 78 Cal. 444-48; First Nat. Bank v. Babcock, 94 Cal. 104; 28 Am.

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The facts are stated in the opinion. Shortridge, Beatty & Brittain, and F. P. Flint, for Appellants. The guaranty was absolute and unconditional, and was broken at maturity of the debt of the corporation. (Civ. Code, secs. 2806, 2807; Coburn v. Brooks, 78 Cal. 444-48; First Nat. Bank v. Babcock, 94 Cal. 104; 28 Am. St. Rep. 94; Adams v. Wallace, 119 Cal. 67; Fessenden v. Summers, 62 Cal. 484; Chafoin v. Rich, 77 Cal. 477; Bouche v. Louttit, 104 Cal. 230; Roberts v. Riddle, 79 Pa. St. 469, 470; Klein v. Kern, 94 Tenn. 34; Huff v. Slife, 25 Neb. 448; 13 Am. St. Rep. 497; Flentham v. Stewart, 45…

1Opinion of the Court

GRAY, C.

This is an appeal of the defendants Bone-brake and Howes from a judgment in favor of plaintiffs for twenty-one thousand four hundred and fifty-eight dollars and ninety-seven cents and costs, and from an order denying defendants’ motion for a new trial.

The action was brought to recover on a written guaranty, in words and figures as follows:

“Los Angeles, Cal., June 10, 1889. “To Henry Pierce, Emily F. Pope, and W. H. Talbot, Trustee,

San Francisco, California:

“In consideration of your making a loan to the Semi-Tropic Land and Water Company, a corporation, having its principal place of…

2Cases cited17 opinions

  1. Brown v. . CurtissNew York Court of Appeals · 1849
  2. Carpentier v. City of OaklandCalifornia Supreme Court · 1866
  3. Coburn v. BrooksCalifornia Supreme Court · 1889
  4. Adams v. WallaceCalifornia Supreme Court · 1897
  5. Borden v. GilbertWisconsin Supreme Court · 1861

12 more not listed; retrieve them via the Exa API.

3Cited by28 opinions

  1. Cooke v. MesmerCalifornia Supreme Court · 1912
  2. Melander v. Western National BankCalifornia Court of Appeal · 1913
  3. State Bank of Burleigh County v. PorterNorth Dakota Supreme Court · 1969
  4. Murphy v. Hellman Commercial Trust & Savings BankCalifornia Court of Appeal · 1919
  5. Ohio Electric Car Co. v. Le SageCalifornia Supreme Court · 1920

23 more not listed; retrieve them via the Exa API.

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