Smith v. Mott
California Supreme Court
Appeal from an order of the Superior Court of the city and county of San Francisco refusing a new trial. The facts are stated in the opinion.
1Opinion of the Court
Hayne, C.
Replevin for a piano. The plaintiff was the owner of the piano. His wife pledged it without his knowledge or consent to secure a loan to her from the *172defendant. When the plaintiff learned of the whereabouts of the piano, he went to the defendant, and after being informed of the position of affairs, made a parol promise to pay the interest and storage within a few days, and the principal in three or four months, if the defendant would wait that time, which the defendant agreed to do and did do. The court below sustained the validity of the pledge, on the theory that there was a…
2Cited by2 opinions
- Patton v. JoliffWest Virginia Supreme Court · 1897
- Seaboard Fin. Co. v. Fed. Leasing Co.California Court of Appeal · 1966