Crystal Bay Corp. v. Schmitt

OPINION

By the Court,

Taber, J.:

This action was tried without a jury by the First judicial district court, Ormsby County. The agreed statement shows, in substance, the following facts:

Between September 22,1931, and April 20,1932, appellant (plaintiff in the court below) executed and delivered to the United Nevada Bank its several promissory notes, secured by a mortgage of real property dated September 23, 1931. On November 18, 1932, the balance due on said indebtedness, principal and interest, aggregated approximately $25,000. On October 24, 1932, Esther A. Biltz deposited in said bank, as a…