Briscoe

Briscoe v. Guarantee Mortgage Co.

Good Law
1922 Cal. App. LEXIS 488·57 Cal. App. 492·207 P. 487
Court of Appeal of CaliforniaApril 28, 1922Civ. No. 4209.California856 words

Opinion

Lead Opinion

Knight, J.

This is an appeal by defendant Guarantee Mortgage Company, a corporation, from an order denying its motion for a change of place of trial from Fresno County to the city and county of San Francisco. The motion was based upon the grounds that the city and county of San Francisco at the time of the commencement of the action was the residence of the defendant Guarantee Mortgage Company, and that the causes of action sued upon accrued in said city and county of San Francisco.

The action is one to rescind an agreement to purchase corporate stock upon the ground of fraud and upon the ground that the agreement to purchase said stock was procured in violation of the so-called “Corporate Securities Act” [Stats. 1917, p. 673] of the state of California, and to cancel two promissory notes, one for the principal sum of six thousand five hundred dollars and the other for the principal sum of three thousand five hundred dollars, given by plaintiff in payment of the purchase price of said stock. It is alleged in the complaint that the note for the sum of three thousand five hundred dollars was assigned by said defendant Guarantee Mortgage Company to the defendant B. J. Sheagren, and that the…

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