Legal Opinion

Gray v. Farmers' Exchange Bank

California Supreme Court

Decided December 10, 1894No. 19467PublishedCited by 3 opinions

Appeal from a judgment of the Superior Court of the County of San Bernardino and from an order denying a new trial. The facts are stated in the opinion.

1Opinion of the Court

Vanclief, C.

F. C. Suhr died intestate in the county of San Bernardino in May, 1887, and on June 18, 1887, Ada Suhr, his widow, was appointed administratrix of his estate.

On July 5, 1887, Ada Suhr, in her private capacity, borrowed ten thousand dollars from the defendant bank, to secure the payment of which she and John Ruffen gave to the bank their joint and several promissory note for that sum, payable July 20, 1887, with interest at one per cent per month. As between Mrs. Suhr and Ruffen he was merely a surety, and received no part of the money borrowed.

Before any payment was made on this…

2Cases cited2 opinions

  1. Lathrop v. BamptonCalifornia Supreme Court · 1866
  2. Theller v. SuchCalifornia Supreme Court · 1881

3Cited by3 opinions

  1. Marshall v. de CordovaAppellate Division of the Supreme Court of the State of New York · 1898
  2. Lesser v. PominCalifornia Court of Appeal · 1934
  3. People v. AhernCalifornia Court of Appeal · 1922

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