Legal Opinion

Brown v. Rouse

California Supreme Court

Decided September 6, 1899No. S. F. No. 787PublishedCited by 8 opinions

APPEAL from a judgment of the Superior Court of Santa Clara County and from an order denying a new trial. John Reynolds, Judge. The facts are stated in the opinion rendered upon this appeal, and in those rendered by the court upon former appeals, 93 Cal. 237, and 104 Cal. 672.

1Opinion of the Court

CHIPMAN, C.

This is the third appeal of the case. Originally, the action was to foreclose a mortgage executed by one German M. Rouse, under power of attorney, in the name of defendant, who was then his wife. At the first trial the court below held the note and mortgage to have been given without authority, but entered a personal judgment against defendant for $1,271 and costs. On appeal, this judgment was reversed as outside the issues. (Brown v. Rouse, 93 Cal. 237.) At the second trial plaintiff amended his complaint, alleging a loan of $1,200 on November 18, 1887, and its nonpayment.…

2Cases cited2 opinions

  1. Brown v. RouseCalifornia Supreme Court · 1894
  2. Brown v. RouseCalifornia Supreme Court · 1892

3Cited by8 opinions

  1. Employers Insurance of Wausau, a Mutual Company v. Granite State Insurance Company, Employers Insurance of Wausau, a Mutual Company v. Granite State Insurance CompanyCourt of Appeals for the Ninth Circuit · 2003
  2. Lossman v. City of StocktonCalifornia Court of Appeal · 1935
  3. Simon Newman Co. v. FinkCalifornia Supreme Court · 1928
  4. Boevink v. ChristiaanseNebraska Supreme Court · 1903
  5. Isom v. LarsonMontana Supreme Court · 1927

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