Anglo-Californian Bank, Ltd. v. Field
California Supreme Court
The facts are stated in the opinion of the court. J. W. Lilienthal, and Daugh'erty & Lacy, for Anglo-Californian Bank, Limited, Respondent and Appellant, and for Thomas W. Cowan, Appellant and Respondent.
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The facts are stated in the opinion of the court. J. W. Lilienthal, and Daugh'erty & Lacy, for Anglo-Californian Bank, Limited, Respondent and Appellant, and for Thomas W. Cowan, Appellant and Respondent. The incorporation of plaintiff was proved by competent evidence under the statute (act of April 18, 1872), and also by the estoppel of the mortgagor; and those claiming under him to deny its corporate existence (Camp v. Land, 122 Cal. 169; Clark v. Baker, 14 Cal. 612;1 Bay City Assn. v. Broad, 136 Cal. 526; Schwallback v. Chicago etc. Ry. Co., 69 Wis. 2922) and by the recital in the…
1Opinion of the CourtShaw, J.
Two appeals are here presented from the judgment and from an order overruling motions for a new trial, one by the plaintiff and the other by the defendant Thomas W. Cowan. It appears from the record that after the action was commenced Cowan purchased from the plaintiff the notes and mortgage sued on, and that plaintiff now has no interest therein, although it still stands as plaintiff, Cowan never having been substituted in its .stead. Both appeals are presented upon substantially the ¿ame record.
The action is to foreclose a mortgage executed March 10, 1894, by George Brandt and his wife to…
2Cases cited11 opinions
- Tolman v. SmithCalifornia Supreme Court · 1890
- Shaffer v. McCloskeyCalifornia Supreme Court · 1894
- Carpentier v. BrenhamCalifornia Supreme Court · 1870
- Hines v. WardCalifornia Supreme Court · 1898
- Wilson v. WhiteCalifornia Supreme Court · 1890
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3Cited by26 opinions
- Forester v. StewardCourt of Appeals for the Ninth Circuit · 1976
- Sheldon v. La Brea Materials Co.California Supreme Court · 1932
- Shirey v. All Night and Day BankCalifornia Supreme Court · 1913
- Waechter v. Atchison, Topeka & Santa Fe Railway Co.California Court of Appeal · 1909
- Commonwealth Acceptance Corp. v. JordanCalifornia Supreme Court · 1926
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