Legal Opinion

Fiske v. Casey

California Supreme Court

Decided March 28, 1894No. 15,354PublishedCited by 2 opinions

APPEAL from Superior Court, City and County of San Francisco; Walter H. Levy, Judge. Action by Asa Fiske against E. J. Casey, administrator of Henry Shoulters, to foreclose a mortgage. From a judgment for $163.91, and1 for the foreclosure of the mortgage, and an order denying a new trial, plaintiff appeals.

1Opinion of the CourtHarrison, J.

September 14, 1881, Henry Shoulters made a promissory note to the appellant for the sum of $150, with interest payable at the rate of three per cent per month in advance, and compounding monthly until paid. At the same time, he executed to the appellant, as security for its payment, a conveyance, absolute in form, of certain real property in San Francisco. Shoulters died at San Francisco in 1883, and in February, 1892, the respondent, Casey, was appointed administrator of his estate. March 23, 1892, the appellant presented his claim against the estate, upon the aforesaid note and conveyance,…

2Cited by2 opinions

  1. Fisk v. CaseyCalifornia Supreme Court · 1898
  2. Pecos Valley Trading Co. v. Atchison, T. & S. F. Ry. Co.New Mexico Supreme Court · 1918

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