Whitcher v. Webb
California Supreme Court
Appeal from the District Court, Third Judicial District, Alameda County. The decree was entered March 2d, 1871. The defendant appealed. The other facts are stated in the opinion.
1Opinion of the Court
By the Court, Wallace, C. J.:
On January 19th, 1870, Webb made two promissory notes to Whitcher for the payment to the order of the latter of two several sums of money, at twelve and twenty-four months respectively, without grace, with interest payable quarterly. The notes were given for the purchase price of certain lands, and they each contained the following clause : ct And if default be made in the payment of the interest quarterly, as above provided, then this note shall immediately become due, at the option of the holder thereof.” The notes were secured by mortgage of certain real estate…
2Cases cited1 opinion
- Broderick v. SmithNew York Supreme Court · 1858
3Cited by15 opinions
- Bisno v. SaxCalifornia Court of Appeal · 1959
- Noell v. GainesSupreme Court of Missouri · 1878
- Hewitt v. DeanCalifornia Supreme Court · 1891
- Swearingen v. LahnerSupreme Court of Iowa · 1894
- Guaranty Trust Co. of New York v. HenwoodCourt of Appeals for the Eighth Circuit · 1936
10 more not listed; retrieve them via the Exa API.