Minor v. Carpenter
California Court of Appeal
APPEAL from a judgment of the Superior Court of Siskiyou County, and from an order denying a new trial. James F. Lodge, Judge. The facts are stated in the opinion of the court.
1Opinion of the CourtBurnett, J.
The action was for the amount due on a promissory note and to foreclose a mortgage given to secure the payment of the same.
The complaint is in the usual form, and the genuineness and the execution of the note and mortgage were not denied.
The defenses were (1) that the note was fully paid on December 21, 1909; (2) that by virtue of certain instruments in writing set out in the answer “the time for the payment of the debt represented by said promissory note and mortgage sued upon herein was extended and postponed to the time of the expiration of the said bond for a deed, exhibit ‘ C, ’ to wit,…
2Cases cited4 opinions
- Melone v. RuffinoCalifornia Supreme Court · 1900
- Prather v. YoungIndiana Supreme Court · 1879
- Brenneke v. SmallmanCalifornia Court of Appeal · 1905
- Piper v. KellermanCalifornia Court of Appeal · 1916