Savings Bank v. Asbury
California Supreme Court
Appeal from a judgment of the Superior Court of Fresno County and from an order denying a new trial. J. B. Webb, Judge. The facts are stated in the opinion of the court.
1Opinion of the CourtHarrison, J.
The plaintiff seeks herein the foreclosure of a mortgage upon certain land in Fresno county, aud its sale in satisfaction of the debt secured thereby. The complaint alleges that on or about June 1, 1893, the mortgagors made to it their promissory note of that date for the sum of $30,000, payable in three years thereafter, with interest thereon payable semi-annually, and at the same time executed a mortgage upon said lands as security for its payment; that, although the note expressed the sum of $30,000, the actual amount of • the loan to the defendants was only $12,500; that under provisions…
2Cases cited1 opinion
- Sivers v. SiversCalifornia Supreme Court · 1893
3Cited by31 opinions
- Simmons v. California Institute of TechnologyCalifornia Supreme Court · 1949
- Edwards v. SmithSupreme Court of Missouri · 1959
- Standard Box Co. v. Mutual Biscuit Co.California Court of Appeal · 1909
- Becker v. Lagerquist Bros., Inc.Washington Supreme Court · 1960
- Torrey v. SheaCalifornia Court of Appeal · 1916
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