Bartlett v. Cottle
Cases that cite this one
12 later published cases cite this decision.
- McKean v. German-American Savings Bank (Cal. 1897)
- First National Bank of Lewiston v. Williams (Idaho 1890)
- Zion's Savings Bank & Trust Co. v. Rouse (Utah 1935)
- Barth v. Ely (Mont. 1929)
- Maxwell v. Ricks (District Court, W.D. Washington 1923)
- Martin v. Becker (Cal. 1915)
- Dolbear v. Foreign Mines Development Co. (9th Cir. 1912)
- Kinsel v. Ballou (Cal. 1907)
- Rudolph v. Herman (S.D. 1893)
- Winters v. Hub Min. Co. (U.S. Circuit Court for the District of Idaho 1893)
- Lavenson v. Standard Soap Co. (Cal. 1889)
- Bull v. Coe (Cal. 1888)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
It iscontended that the judgment in this case ought not to stand, because the security was not valueless when the action was commenced. On an examination of the testimony, we are of opinion that the security was not without value at the time referred to. The respondent in his calculation of value of the security leaves out the value of the houses on the leased property (the security in question), which was testified to by Perrine, the lessor. This action on the note, then, cannot be maintained under the provisions of section 726 of the Code of Civil Procedure. According to this section, there can be but one action, and that of the character prescribed in it.
Judgment and order reversed and cause remanded.
Myrick, J., and Sharpstein, J., concurred.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.