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Legal Opinion

First American Title Insurance & Trust Co. v. Cook

California Court of Appeal

Decided October 30, 1970No. Civ. 9598PublishedCited by 18 opinions

1Opinion of the Court

Opinion

AULT, J.

Roy A. and Virginia A. Cook (Cook) appeal from a judgment reforming a promissory note evidencing a $55,000 loan from Kenneth and Evelyn Stewart (Stewart) by deleting a compound interest provision which made the note usurious.

Stated in the light most favorable to respondents Stewart and First American Title Insurance & Trust Company (First American) the evidence discloses: Cook wanted to borrow money from Stewart. Both parties were experienced in real estate and loan transactions, and both were represented by experienced brokers. The two brokers opened a loan escrow at First…

2Cases cited14 opinions

  1. Penziner v. West American Finance Co.California Court of Appeal · 1933
  2. Sharp v. Mortgage Security Corp. of AmericaCalifornia Supreme Court · 1932
  3. Heald v. Friis-HansenCalifornia Supreme Court · 1959
  4. McPhail v. BuellCalifornia Supreme Court · 1890
  5. McDougall v. HachmeisterSupreme Court of Arkansas · 1931

9 more not listed; retrieve them via the Exa API.

3Cited by18 opinions

  1. Hess v. Ford Motor Co.California Supreme Court · 2002
  2. Garrett v. Coast & Southern Federal Savings & Loan Ass'nCalifornia Supreme Court · 1973
  3. Appalachian Insurance v. McDonnell Douglas Corp.California Court of Appeal · 1989
  4. Southwest Concrete Products v. Gosh Construction Corp.California Supreme Court · 1990
  5. Beach Associates, Inc. v. FauserMassachusetts Appeals Court · 1980

13 more not listed; retrieve them via the Exa API.

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