Fraser v. Bentel
California Supreme Court
The facts are stated in the opinion of the court.
1Opinion of the CourtSloss, J.
The complaint was in the ordinary form, setting forth the making by defendants of a promissory note, the execution of a mortgage to secure the same, the plaintiff’s ownership of the note and mortgage, and the non-payment of a part of the principal, and the interest due. Copies of the note and mortgage were incorporated in the complaint. The mortgage contains a statement that the amount of the promissory note secured by it ($15,200) is the balance due the mortgagee on the purchase price of the mortgaged property.
To this complaint the defendants demurred, and they now assign the overruling of…
2Cases cited21 opinions
- Huyck v. . AndrewsNew York Court of Appeals · 1889
- Shoemaker v. AckerCalifornia Supreme Court · 1897
- Mitchell v. WarnerSupreme Court of Connecticut · 1825
- White v. SageCalifornia Supreme Court · 1906
- Weber v. McClevertyCalifornia Supreme Court · 1906
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3Cited by32 opinions
- Dyna-Med, Inc. v. Fair Employment & Housing CommissionCalifornia Supreme Court · 1987
- Tahoe National Bank v. PhillipsCalifornia Supreme Court · 1971
- Red Wing Malting Co. v. WillcutsCourt of Appeals for the Eighth Circuit · 1926
- American Surety Co. of NY v. MarottaSupreme Court of the United States · 1933
- Oil Workers International Union v. Superior CourtCalifornia Court of Appeal · 1951
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