Strouss v. Simmons

DISSENTING OPINION OF

MARUMOTO, J.

I dissent from that portion of the opinion of the court disallowing interest which was awarded by the circuit court to Bancorp.

*54According to that opinion, Bancorp has priority over Strouss only with respect to principal, but not with respect to interest, because the second proviso of HRS § 507-46 gives priority only to money advanced under and secured by the mortgage, and interest is not money advanced and secured by the mortgage.

I think that, in the context of that proviso, such interpretation is too narrow and unrealistic.

In that connection, I recall a…