Daw v. Niles
California Supreme Court
Appeal from a judgment of the Superior Court of Los Angeles County. The facts are stated in the opinion of the court.
1Opinion of the CourtBeatty, C. J.
This is an action to foreclose a mortgage given to secure the payment of a promissory note for ten thousand dollars, payable ten years after date, with interest at the rate of seven per cent per annum, and containing a stipulation to the effect that if the¡ interest is not punctually paid the principal and accrued interest shall become immediately due and payable at the option of the holder.
Nearly four years having elapsed after the execution of the note without the payment of any part of the principal or interest, the plaintiff exercised his option to treat the whole amount as immediately…
2Cases cited5 opinions
- Law v. MerrillsCourt for the Trial of Impeachments and Correction of Errors · 1830
- Scott v. LloydSupreme Court of the United States · 1835
- Stein v. SwensenSupreme Court of Minnesota · 1891
- Burbridge v. LemmertCalifornia Supreme Court · 1893
- Gillmore v. WoolcockWisconsin Supreme Court · 1861
3Cited by10 opinions
- Morey v. PaladiniCalifornia Supreme Court · 1922
- London & San Francisco Bank v. BandmannCalifornia Supreme Court · 1898
- Carver v. San Joaquin Cigar Co.California Court of Appeal · 1911
- Fisk v. CaseyCalifornia Supreme Court · 1898
- Estate of FraserCalifornia Court of Appeal · 1946
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