Sav. & Loan Soc'y v. Gibb
Citations
- 21 Cal. 595
Syllabus
<p>Where one of two partners executes a mortgage upon Ms separate property to secure a debt of the firm, an action to foreclose the mortgage may, after the death of the mortgagor, be maintained against his executor, without any showing by the plaintiff that the partnership is insolvent, or that he has pursued his remedy upon the debt against the surviving partner.</p> <p>In such action, where the surviving partner is also the executor of the deceased partner, and claims as his devisee an interest in the mortgaged property, there is no misjoinder in making him, as an individual, a codefendant with himself as executor.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- “The function of making telephone rates is legislative in nature, and such rates can not be judicially fixed by courts.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Field
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.