Marye v. Jones

Decided July 1, 1858

California Supreme Court · decided 1858-07-01

This was a bill in equity praying certain set-offs against a promissory noto, and that the note be delivered up to the plaintiff, and for judgment against defendants for amount of dividends collected on certain stock deposited as collateral security for the payment of said note, and also for an injunction restraining the transfer of the note, etc. Plaintiff, G-.

Decided 1858-07-01

Terry, C. J., delivered the opinion of the Court—Field, J., and Burnett, J., concurring.

¶1The facts disclosed by the record bring this case fully within the principle decided by this Court, in Haglce v. Minturn, (8 Cal. R., 540,) and on the authority of that case the judgment is reversed and cause remanded, with directions that the Court below enter judgment upon the report of the referee,