Adler v. Newell

109 Cal. 42 (1895)

From our private database of 46,300+ case briefs, written and edited by humans—never with AI.

Adler v. Newell

California Supreme Court
109 Cal. 42 (1895)

Facts

Mr. McBride borrowed money from Mr. Moseley in exchange for a promissory note. McBride granted Moseley a mortgage on some of McBride’s real property to secure the note. Separately, Moseley had substantial debts to the Bank of Lodi (bank) (defendant). As collateral for the debts, Moseley delivered the note to the bank along with a document purporting to assign the mortgage to the bank. Moseley never actually delivered the mortgage to the bank, nor did he ever record the assignment of the mortgage. Later, Moseley created a fake copy of the original promissory note, forging McBride’s signature. Moseley negotiated a transaction with Mr. Newell (defendant) in which Moseley delivered the (forged) note and the actual original mortgage to Newell along with an assignment of both instruments. In exchange, Newell paid Moseley the full balance due on the note. Newell had no knowledge that anybody other than Moseley had an interest in the note or the mortgage. After some time, Mr. Adler (plaintiff) came into possession of the real property. Adler wanted to clear the property of its mortgage lien but did not know whom to pay. Adler filed an action to determine the proper lienholder. The trial court held that, between the bank and Newell, Adler should pay the bank. Newell appealed.

Rule of Law

Issue

Holding and Reasoning (McFarland, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 816,000 law students since 2011. Some law schools even subscribe directly to Quimbee for all their law students.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

Here's why 816,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 816,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,300 briefs - keyed to 988 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership