Barry v. Bennett
California Supreme Court
Appeal from the District Court of the Fourth Judicial District, City and County of San Francisco. This suit was brought to enforce a mortgage given to secure the following promissory note: “ $2,641 yxny.
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Appeal from the District Court of the Fourth Judicial District, City and County of San Francisco. This suit was brought to enforce a mortgage given to secure the following promissory note: “ $2,641 yxny. “ San Francisco, March 12th, 1869. “ Two years after date, for value received, we jointly and severally promise to pay John T. Barry or order, the sum of twenty-six hundred and forty-one and eighty-seven one hundredths dollars, in gold coin of the United States, with interest from date until paid at the rate of ten per cent per annum, payable monthly, in the like gold coin; the right reserved…
1Opinion of the Court
By the Court:
The principal question made below at the trial was a question of fraud. The defendants allege that the plaintiff and one Brainard (confederating with him) represented to the defendants that the plaintiff had the refusal of a certain tract of land in the City and County of San Francisco, owned by one Frank Soulé, at eleven thousand eight hundred dollars, and induced them to unite with plaintiff and Brainard in its purchase at that price. It appears, however, that in fact the plaintiff, at the time, had the refusal of the land for a much less sum of money—a little more than six…
2Cited by6 opinions
- Lomita Land and Water Co. v. RobinsonCalifornia Supreme Court · 1908
- Clavey v. LordCalifornia Supreme Court · 1891
- Walker v. Pike County Land Co.Court of Appeals for the Eighth Circuit · 1905
- Stenian v. TashjianCalifornia Supreme Court · 1918
- Paddock v. BrayCourt of Appeals of Texas · 1905
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