Legal Opinion

Mortgage Guarantee Co. v. Chotiner

California Supreme Court

Decided December 31, 1936No. L. A. 15897PublishedCited by 31 opinions

1Opinion of the CourtThompson, J.

On August 26, 1927, the Chotiner Building Corporation executed a negotiable promissory note for $70,000 payable to the Fidelity Savings & Loan Association. The note was secured by a deed of trust of real property. At the same time the defendants Albert H. Chotiner, Albert J. Chotiner and Gertrude Chotiner executed a written contract of guaranty on the back of the note, which read:

“For value received, I guarantee payment of the within note, with interest, in accordance with its terms. I waive demand, or notice of non-payment, and I authorize extensions without notice.
“If suit is brought to…

2Cases cited57 opinions

  1. Union Trust Co. v. McGintyMassachusetts Supreme Judicial Court · 1912
  2. Vanderford v. Farmers' & Mechanics' National BankCourt of Appeals of Maryland · 1907
  3. Braun v. CrewCalifornia Supreme Court · 1920
  4. J. I. Case Threshing MacHine Co. v. HowthTexas Supreme Court · 1927
  5. Zastrow v. KnightSouth Dakota Supreme Court · 1930

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3Cited by31 opinions

  1. Maguire v. Hibernia Savings & Loan SocietyCalifornia Supreme Court · 1944
  2. Worthley v. WorthleyCalifornia Supreme Court · 1955
  3. Ore-Ida Potato Products, Inc. v. United Pacific InsuranceIdaho Supreme Court · 1964
  4. Turner v. General Motors CorporationCourt of Appeals of Texas · 1974
  5. Williams v. ReedCalifornia Supreme Court · 1957

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