Opinion

McDonald v. Randall

  • 139 Cal. 246
  • 72 P. 997
  • 1903 Cal. LEXIS 812
Court
California Supreme Court
Filed
Jun 9, 1903
Status
Published
Author
Beatty
On the bench
Henshaw, Shaw, Beatty, McFarland
Cited by
24 cases

The opinion

BEATTY, C. J., dissenting.

I dissent. There .is no, consideration for the mortgage of a married worn an ’sXsep arate property to secure her husband’s promise to pay an outlawed debt.

The bank took the assignment with notice, or with what is equivalent to notice, of the invalidity of the mortgage. •: The vice-president of the corporation and its secretary _ and cashier, both of whom were present and acting on behalf of the bank when the assignment was taken, knew that the mortgage had been made by Mrs. McDonald upon her separate property to secure an antecedent debt' of her husband. This knowledge is imputed to the bank, and was sufficient

*257

to put it upon inquiry. Inquiry of Mrs. McDonald would have disclosed the whole truth, and the neglect

to make it

leaves the bank charged with notice of all it could have learned if such inquiry had been made. (Civ. Code, see. 19.)

The judgment should be reversed.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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