¶1I concur in the decision of this case upon the ground that both the questions upon which there could be any argument upon principle have been decided by this Court in the case of Lord v. Morris, and that these are questions of that character that once deliberately decided, and after having stood for several years as rules to govern transactions, they should not be opened merely to consider again the weight of conflicting decisions and opposing reasons.
21 Cal. 495
McCarthy v. White
Decided July 1, 1863
California Supreme Court · decided 1863-07-01
On the first day of March, 1853, W. F. White executed to plaintiff a promissory note for $2,400, payable one year from date, and bearing interest… Held: proceeds: “ And whereas the parties to this agreement are desirous of dividing said land, and have agreed to the following division (which agreement shall be carried out by an exchange of deeds as soon as it can legally be done) viz: the party of the second part (Kelley) agrees to deed to the party of the first part,” etc.,…
Good law ✅— No negative treatment on recordhow we know
Decided 1863-07-01
How this case has been cited
Cited by 34 later decisions — most recently December 1972 · most notably Schmucker v. Sibert (1877), Lilly-Brackett Co. v. Sonnemann (1910)
32 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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