Schwind v. Hall
California Supreme Court
The note secured by the mortgage was dated March 27, 1895, and was for the sum of four thousand five hundred dollars, with interest thereon from date until payment, at the rate of eight per cent per annum, payable semi-annually, and, if not so paid, then to be added to and become part of the principal. The indorsement of the note and assignment of the mortgage was made by the payee to the plaintiff April 24, 1895, prior to the maturity of any payment of interest on the note.
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The note secured by the mortgage was dated March 27, 1895, and was for the sum of four thousand five hundred dollars, with interest thereon from date until payment, at the rate of eight per cent per annum, payable semi-annually, and, if not so paid, then to be added to and become part of the principal. The indorsement of the note and assignment of the mortgage was made by the payee to the plaintiff April 24, 1895, prior to the maturity of any payment of interest on the note. Eurther facts are stated in the opinion. John E. Richards, and Samuel M. Shortridge, for Appellant. The complaint is…
1Opinion of the Court
GRAY, C.
This is an action on a promissory note and to foreclose a mortgage executed by the appellant Shortridge to the defendant Herbert S. Hall, who indorsed and delivered said note and assigned said mortgage to plaintiff.
The defendants, other than Shortridge, made default. Shortridge demurred to the complaint for want of facts and on the ground that it was uncertain in its allegations as’ to nonpayment. On his demurrer being overruled he answered, and on a trial plaintiff obtained judgment against him, from which he appeals, and in support thereof relies solely on the insufficiency of the…
2Cases cited4 opinions
- Ryan v. HollidayCalifornia Supreme Court · 1895
- Holland v. McDadeCalifornia Supreme Court · 1899
- Gassen v. BowerCalifornia Supreme Court · 1887
- Turner v. TurnerCalifornia Supreme Court · 1889
3Cited by1 opinion
- Lugiani v. Landau Economic Syphon Co.California Court of Appeal · 1918