Legal Opinion

Mortgage Guarantee Co. v. Patch

California Court of Appeal

Decided September 15, 1931No. Docket No. 7587PublishedCited by 3 opinions

1Opinion of the Court

WARD, J., pro tem.

On November 10, 1927, defendant borrowed the sum of $50,000 from plaintiff. The loan was evidenced by a promissory note and a deed of trust. Subsequently defendant failed to meet the installment payments of the note and plaintiff declared the note and deed of trust to be in default and commenced proceedings on April 23, 1929, for the sale of the property under the deed of trust. In due time a sale took place and plaintiff bid the property in for the sum of $40,000, leaving a deficiency of $13,889.61. This action was instituted upon the deficiency. This is defendant’s fourth…

2Cases cited4 opinions

  1. Terry Trading Corp. v. BarskyCalifornia Supreme Court · 1930
  2. Stewart v. DouglassCalifornia Supreme Court · 1906
  3. Ellerhorst v. BlankmanCalifornia Court of Appeal · 1929
  4. Whittemore v. DavisCalifornia Court of Appeal · 1931

3Cited by3 opinions

  1. Penziner v. West American Finance Co.California Court of Appeal · 1933
  2. Eddy v. Home Federal Savings & Loan Ass'nCalifornia Court of Appeal · 1943
  3. Tulsa Industrial Loan & Investment Co. v. JohnsonSupreme Court of Oklahoma · 1937

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