Legal Opinion

Daw v. Niles

California Supreme Court

Decided August 25, 1893No. 19,140PublishedCited by 1 opinion

APPEAL from Superior Court, Los Angeles County; Walter Van Dyke, Judge. Action by George W. Daw against William Niles and John B. Niles to foreclose a mortgage. There was a judgment for plaintiff and defendants appeal.

1Opinion of the Court

VANCLIEF, C.

Action to foreclose a mortgage executed by defendants to secure their promissory note to plaintiff for $10,000, with interest at seven per cent per annum, and payable ten years after date; the interest, if not paid annually, to be compounded. The note further provides that, if the interest is not paid annually, “then the whole sum of principal and interest shall become immediately due and payable, at the option of the holder.” The note was given for money loaned. The mortgage, of the same date as the note (July 1,1887), contains a copy of the note, and provides that “in case of…

Also in this document: Per curiam.

2Cases cited3 opinions

  1. Stein v. SwensenSupreme Court of Minnesota · 1891
  2. Buffendeau v. BrooksCalifornia Supreme Court · 1865
  3. Burbridge v. LemmertCalifornia Supreme Court · 1893

3Cited by1 opinion

  1. Carver v. San Joaquin Cigar Co.California Court of Appeal · 1911

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