Moses v. Thorne

Decided July 1, 1856

California Supreme Court · decided 1856-07-01

The plaintiff brought his action in September, 1854, on an appeal bond filed in the case of M. T. O’Connor v. John Stack et al., by the defendants.

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Decided 1856-07-01

How this case has been cited

Cited by 4 later decisions — most recently December 1902

3 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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The opinion of the Court was delivered by Mr. Justice Heydenfeldt.

¶1Mr. Chief Justice Murray concurred.

¶2There was no right of action in the plaintiff in his own name. To entitle him to bring this suit, he should have had an assignment of the bond. The assignment of the judgment, while it may give him equitable rights to avail himself of the security afforded by the bond, cannot confer the right of bringing a common law action upon it.

¶3The reason why a mortgage follows the transfer of a note which it secures, is because a foreclosure is only sought in equity.

¶4The judgment is reversed.