Zellerbach

The facts involved in this case, so far as they need be stated, are as follows: —

On December 31, 1875, the plaintiff was indebted to the defendant, William Goldstein, in the sum of $50,000, for borrowed money, and on that day executed to him his promissory note for the sum named, payable one day after date, with interest at the rate of one per cent per month.

On March 20, 1876, plaintiff was indebted to the defendant, Charles Allenberg, in the sum of $9,000, and on that day he executed an agreement in writing by which he promised to pay, on or before January 20, 1877, the said sum of $50,000 to Goldstein, and the said sum of $9,000 to Allenberg, with *63 Interest on the same at the rate of one per cent per month, payable quarterly. At the time of executing this agreement plaintiff also executed to Allenberg a deed of conveyance of certain real property, situate in the county of Sierra in this state, to secure payment of the said respective sums of money; and thereafter, in March, 1877, to further secure payment of the said respective sums of money, plaintiff pledged with Allenberg thirty thousand shares of the capital stock of the Altoona Quicksilver Mining Company; and on…