Legal Opinion

Dunn v. Barry

California Court of Appeal

Decided November 19, 1917No. Civ. No. 1741PublishedCited by 8 opinions

APPEAL from a judgment of the Superior Court of Kings County, and.from an order denying a new trial. M. L. Short, Judge. The facts are stated in the opinion of the court.

1Opinion of the CourtBurnett, J.

The action was for the foreclosure of a mortgage given to secure the payment of a promissory note for ten thousand dollars. The note and mortgage called for the payment of the interest quarterly, and provided that should default be made in the payment of any installment of interest when due, then the whole sum of principal and interest shall become immediate^ due and payable at the option of the holder of the note. The first quarterly installment of interest became due on June 23, 1914, but was not paid when due, $120 of such interest being paid by appellants on July 1, 1914, and the balance…

2Cases cited4 opinions

  1. Curran v. HoustonIllinois Supreme Court · 1903
  2. Whitcher v. WebbCalifornia Supreme Court · 1872
  3. Campbell v. WestCalifornia Supreme Court · 1890
  4. Lincoln National Bank v. MundyAppellate Court of Illinois · 1911

3Cited by8 opinions

  1. Bisno v. SaxCalifornia Court of Appeal · 1959
  2. Hunt v. SmythCalifornia Court of Appeal · 1972
  3. Pacific Trust Co. TTEE v. Fidelity Federal Savings & Loan Ass'nCalifornia Court of Appeal · 1986
  4. Ingram v. MandlerCourt of Appeals for the Tenth Circuit · 1932
  5. Young v. BurchillCalifornia Court of Appeal · 1929

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