Yndart v. Den
California Supreme Court
Appeal from a judgment of the Superior Court of Santa Barbara County. W. B. Cope, Judge. The facts are stated in the opinion.
1Opinion of the Court
Chipman, C.
This is an appeal from the final judgment given in favor of the plaintiff upon foreclosure of certain four mortgages of real estate. The appeal is taken on the ground, as claimed in appellants’ brief, that the clause in each of the notes, secured by the mortgages respectively, relating to interest was illegal and void, in attempting to give a penalty for nonpayment of interest; and that the decree is excessive, and for an amount beyond what the plaintiff was rightly entitled to recover.
One of the notes bears interest at ten per cent per annum, and three bear interest at eleven per…
2Cases cited9 opinions
- Boyce v. FiskCalifornia Supreme Court · 1895
- Thompson v. GornerCalifornia Supreme Court · 1894
- Montgomery v. TuttCalifornia Supreme Court · 1858
- Finger v. McCaugheyCalifornia Supreme Court · 1896
- Doe v. VallejoCalifornia Supreme Court · 1866
4 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- State of California v. DayCalifornia Court of Appeal · 1946
- Big Bear Properties, Inc. v. GhermanCalifornia Court of Appeal · 1979
- Bell v. San Francisco Savings UnionCalifornia Supreme Court · 1908
- Yndart v. DenCalifornia Supreme Court · 1899
- Robertson v. DodsonCalifornia Court of Appeal · 1942
4 more not listed; retrieve them via the Exa API.