Rohrbacher v. Aitken
California Supreme Court
The facts are stated in the opinion. Reddy, Campbell & Metson, and Campbell, Metson & Campbell, for Appellant. The note was without consideration, having been executed solely on account of her husband’s shortage. (Chaffee v. Browne, 109 Cal. 211.) The surviving executor was not liable for the deceased executor’s shortage, in which he took no part.
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The facts are stated in the opinion. Reddy, Campbell & Metson, and Campbell, Metson & Campbell, for Appellant. The note was without consideration, having been executed solely on account of her husband’s shortage. (Chaffee v. Browne, 109 Cal. 211.) The surviving executor was not liable for the deceased executor’s shortage, in which he took no part. (Abila v. Burnett, 33 Cal. 658, 667; In re Sanderson, 74 Cal. 199, 211; In re Osborn, 87 Cal. 1, 5; Douglass v. Satterlee, 11 Johns. 16, 21; White v. Bullock, 20 Barb. 91; Davis v. Walford, 2 Ind. 88; Call v. Ewing, 1 Blackf. 301; Ray v. Doughty, 4…
1Opinion of the Court
COOPER, C.
This action was brought to obtain the cancellation of a promissory note upon the ground that the maker had received no consideration therefor and to enjoin the holder from attempting to realize upon certain shares of stock pledged to him as security for said note. Upon the findings judgment was entered, for defendants, and this appeal is from the judgment and order denying plaintiff’s motion for a new trial.
The case turned upon the question as to whether or not there was a good and sufficient consideration for the note. The trial court found that “there was a good and sufficient…
2Cases cited5 opinions
- Whelan v. SwainCalifornia Supreme Court · 1901
- McDonald v. RandallCalifornia Supreme Court · 1903
- Humboldt Savings & Loan Society v. DowdCalifornia Supreme Court · 1902
- Connecticut Life Insurance v. McCormickCalifornia Supreme Court · 1873
- Farmers & Merchants' Bank v. De ShorbCalifornia Supreme Court · 1902
3Cited by18 opinions
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- Union Collection Co. v. BuckmanCalifornia Supreme Court · 1907
- Bank of America v. Superior CourtCalifornia Court of Appeal · 1970
- Seidner v. 1551 Greenfield Owners Assn.California Court of Appeal · 1980
- Westwood Temple v. Emanuel CenterCalifornia Court of Appeal · 1950
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