Pierce v. Merrill
California Supreme Court
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.
Read the full summary
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
- Brown v. . CurtissNew York Court of Appeals · 1849
- Carpentier v. City of OaklandCalifornia Supreme Court · 1866
- Coburn v. BrooksCalifornia Supreme Court · 1889
- Adams v. WallaceCalifornia Supreme Court · 1897
- Borden v. GilbertWisconsin Supreme Court · 1861
12 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Cooke v. MesmerCalifornia Supreme Court · 1912
- Melander v. Western National BankCalifornia Court of Appeal · 1913
- State Bank of Burleigh County v. PorterNorth Dakota Supreme Court · 1969
- Murphy v. Hellman Commercial Trust & Savings BankCalifornia Court of Appeal · 1919
- Ohio Electric Car Co. v. Le SageCalifornia Supreme Court · 1920
23 more not listed; retrieve them via the Exa API.