Boggs

Boggs v. Lakeport Agricultural Park Ass'n

Good Law
111 Cal. 354·1896 Cal. LEXIS 587·43 P. 1106
Supreme Court of CaliforniaFebruary 25, 1896S. F. No. 286California829 words

Opinion

Lead Opinion

Fleet, J.

Appeal by the defendant, Lakeport Agricultural Park Association, from a judgment against it and an order denying its motion for a new trial in an action to foreclose a mortgage on real property.

The appeal from the judgment is taken more than one year from its entry, and is therefore ineffectual, and must be dismissed.

Upon the appeal from the order but one point is made—that the note and mortgage in suit were not made or authorized by the appellant corporation. The question really presented, however, is as to the propriety of the ruling of the court below upon the admissibility of the evidence offered to prove the authority of the officers of the corporation to execute the instruments in question, since, if properly admitted, it was amply sufficient to sustain the finding that the appellant both authorized and ratified their execution.

Appellant was indebted to the party from whom it had purchased certain real estate for a portion of the purchase price thereof, which it was called upon to pay immediately to avoid suit to foreclose a mortgage given to secure the same. A meeting of th'e directors of the corporation was held to devise means to meet said obligation, and a…

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