Sherwood v. Dunbar
California Supreme Court
Appeal from the District Court of the Tenth Judicial District, County of Yuba. The plaintiff brought his action April 8th, 1854, to recover one half of the amount due by plaintiff and defendant, on a note by them jointly made as co-partners to S. J. Field, and paid by plaintiff.
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Appeal from the District Court of the Tenth Judicial District, County of Yuba. The plaintiff brought his action April 8th, 1854, to recover one half of the amount due by plaintiff and defendant, on a note by them jointly made as co-partners to S. J. Field, and paid by plaintiff. The note was executed October 30th, 1850; $35 was afterwards paid on it by defendant, and subsequently $800 was paid from the proceeds of the joint property of plaintiff and defendant, originally mortgaged to Field to secure the note, the mortgage being “ satisfied and discharged ” by Field to effect the sale. The…
1Opinion of the CourtJustice Terry
Mr. Justice Heydenfeldt concurred.
This is an action by one of the makers of a joint and several promissory note, against his co-maker for contribution.
Plaintiff and defendant executed their joint and several promissory note, in favor of S. J. Field, for the sum of $1,552, with interest secured by mortgage on certain property. Field assigned the note and mortgage to one Benham. Afterwards, to enable the parties to sell said property, Field and Benham entered a satisfaction and discharge of the mortgage on the record, though the debt was not paid. The property mentioned in the mortgage was sold…
2Cited by6 opinions
- Grattan v. WigginsCalifornia Supreme Court · 1863
- Arp v. BlakeCalifornia Court of Appeal · 1923
- Richter v. HenningsanCalifornia Supreme Court · 1895
- Thomas v. LinnWest Virginia Supreme Court · 1894
- Hurlbut v. QuigleyCalifornia Supreme Court · 1919
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