Grangers' Bank of California v. Shuey

Citations

• 6 Cal. Unrep. 190
• 55 P. 682
• 1898 Cal. LEXIS 1090

Syllabus

<p>Banking—Overdraft.-—-A Bank Took a Mortgage as Security for an overdraft, and later a note for the amount due on the draft, as a matter of bookkeeping, but with the agreement that it was not a payment of the account. The mortgage recited that it was to stand as security for whatever indebtedness to the bank might result from the account at any particular period. Held, to justify a finding that the note was not given in final payment, and that the lien still subsisted.1</p> <p>Appeal.—Where Evidence is Conflicting on a Vital question of fact, the appellate court cannot pass on the question of preponderance of the evidence.</p>