Merry v. Garibaldi

In Merry v. Garibaldi (1941) 48 Cal.App.2d 397, the plaintiff sought to cancel a promissory note and deed of trust securing that note even though she knew that her son-in-law had forged her name on those documents and she had not informed the defendant lenders of the forgery when she found out about the forgery. The loan eventually became delinquent. The appellate court held that the plaintiff was estopped from asserting that the deed of trust securing the loan was a forgery. (Merry, supra, 48 Cal.App.2d at pp. 402-403.)