Stub v. Belmont

Defendant appeals from a judgment for $2,000 and a penalty of $100 entered against him pursuant to plaintiffs’ motion for judgment on the pleadings. The penalty of $100 was awarded pursuant to section 2941 of the Civil Code providing therefor in cases where a mortgagee fails to give to the mortgagor a satisfaction of mortgage upon the payment thereof.

The following facts appear from the affirmative allegations in defendant’s answer, which must be taken as true in entertaining a motion for judgment on the pleadings (Cuneo v. Lawson, 203 Cal. 190 [263 Pac. 530]), and the undenied allegations of…