Raymond v. Glover

Citations

• 122 Cal. 471
• 55 P. 398
• 1898 Cal. LEXIS 614

Syllabus

<p>Vendor and Purchaser—Mortgage to Agent of Vendor—Trust—Assignment—Notice of Equities—Support of Finding.—In an action by a vendor of land to enforce a trust against a bank as assignee of a note and mortgage taken by the agent of plaintiff from the purchaser for unpaid purchase money, in his own name, without authority from the vendor, and assigned by the agent to the bank as security for a loan, and to enforce a vendor’s lien upon the land covered by the mortgage, where it appears that the deed from plaintiff was of record, and there is evidence tending to show that the bank was put upon inquiry as to the equities of the vendor, and failed to probe the facts, a finding that it took the note and mortgage with notice of those equities will not be disturbed.</p> <p>Id.—Evidence—Opinion of Witness—Facts of Personal Observation.—Nonprofessional witnesses, though not entitled to express an opinion where the jury, or the court acting as such, are equally capable with the witness of forming an opinion from the facts stated, are allowed to express opinions based on facts within their personal observation, when the facts cannot be so described as to enable another to draw an intelligent opinion therefrom.</p> <p>Id.—Conversation within Hearing Distance or Agent.—A witness testifying to declarations made by the agent of the vendor plaintiff, in a conversation, that he had purchased the mortgage in controversy from the vendor, uttered while he was sitting in a buggy with the agent and cashier of the defendant bank, which was then about to make a loan thereupon, and while the latter was seeming to give attention to the conversation, may give his opinion that the agent of the bank was within such distance that he might have heard the conversation. •</p> <p>Id.—Admissibility of Evidence—Reserved Ruling not Passed upon.— It is error for a court not to pass upon an objection made to the admissibility of evidence, which was taken subject to a subsequent ruling as to such admissibi