Reese v. Stearns
California Supreme Court
Appeal from the District Court, First Judicial District, Los Angeles County. The defendant appealed from the judgment, and from an order denying a new trial. The other facts are stated in the opinion of the Court.
1Opinion of the Court
By the Court, Sawyer, J.
The note and mortgage in question did not specify the “kind of money or currency ” in which payment should be made. On the 12th of November, 1862, a contract in writing under seal, extending the time of payment, was made, by which the defendant siStearns, in consideration of one dollar and such extension, agrees “that all payments of principal and interest * * * shall be made in gold coin of the United States of America, of the present standard of weight and fineness, or the equivalent of such gold coin if paid in legal cur- -rency.” The judgment directs the mortgaged…
2Cases cited2 opinions
- Lane v. GluckaufCalifornia Supreme Court · 1865
- P. A. Lamping & Co. v. HyattCalifornia Supreme Court · 1864
3Cited by4 opinions
- Carpentier v. SmallCalifornia Supreme Court · 1868
- Poett v. StearnsCalifornia Supreme Court · 1866
- Wells, Fargo & Co. v. Van SickleNevada Supreme Court · 1870
- Hanson v. SmithCalifornia Supreme Court · 1866