Hanson v. Smith
California Supreme Court
APPEAL from Twelfth Judicial District, San Mateo County. The suit was for the foreclosure of a mortgage given to secure the payment of a note expressed as follows: “Redwood City, Nov. 15, 1863. ‘! Twelve months after date, without grace, I promise to pay to Charles Hanson or order the sum of eighteen hundred dollars, payable in United States gold coin, or its equivalent in United States currency, for value received, with interest thereon at the rate of two per cent per month…
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APPEAL from Twelfth Judicial District, San Mateo County. The suit was for the foreclosure of a mortgage given to secure the payment of a note expressed as follows: “Redwood City, Nov. 15, 1863. ‘! Twelve months after date, without grace, I promise to pay to Charles Hanson or order the sum of eighteen hundred dollars, payable in United States gold coin, or its equivalent in United States currency, for value received, with interest thereon at the rate of two per cent per month from date until paid. Interest payable monthly; and if not so paid to be added to the principal and bear interest in…
1Opinion of the CourtShafter, J.
The plaintiff was not entitled to a judgment payable in gold coin. The contract was in every material particular like that sought to be enforced in Reese v. Stearnes, 29 Cal. 273, decided at the October term, 1865.
Judgment was taken against the defendants by default, entered by the direction of the plaintiff’s attorney. The *262counsel fees, the amount paid for taxes, together with the interest thereon, were improperly included in the judgment as being in excess of the relief prayed for in the complaint: Lattimer v. Ryan, 20 Cal. 628; Grautier v. English, Oct. Term, 1865.
The court below is…
2Cases cited2 opinions
- Lattimer v. RyanCalifornia Supreme Court · 1862
- Reese v. StearnsCalifornia Supreme Court · 1865