Damon v. Quinn
California Supreme Court
APPEAL from a judgment of the Superior Court of the City and County of San Francisco. George H. Bahrs, Judge. The facts are stated in the opinion.
1Opinion of the Court
GRAY, C.
This is an action upon a promissory note to foreclose a mortgage securing the same. Plaintiff had judgment against all the defendants. The mortgagor, Mary Quinn, who also executed the note, appeals from the judgment. There is no bill of exceptions or statement of the ease.
1. The answer pleads partial failure of consideration, and also denies non-payment, and alleges part payment of the principal of the note. It is contended that these issues are not disposed of by the findings. As to the question of payment or non-payment and the amount paid, we think that is fully disposed of by the…
2Cases cited2 opinions
- Himmelman v. HenryCalifornia Supreme Court · 1890
- Cutting Fruit Packing Co. v. CantyCalifornia Supreme Court · 1904
3Cited by6 opinions
- Brett v. Vanomar ProducersCalifornia Court of Appeal · 1919
- California Canneries Co. v. Great Western Lumber Co.California Court of Appeal · 1919
- Miller v. YuleCalifornia Court of Appeal · 1927
- Cooney v. GrayCalifornia Court of Appeal · 1920
- La Fetra v. RichardsonCalifornia Court of Appeal · 1919
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