Cullen v. Whitham
Washington Supreme Court
Appeal from a judgment of the superior court for Thurs-ton county, Linn, J., entered December 4, 1902, upon findings in favor of the plaintiff, after a trial on the merits before the court without a jury, decreeing the foreclosure of a mortgage.
1Opinion of the CourtFullerton, C. J.
On February 1, 1896, the respondent, Cullen, loaned to the appellants, Whitham, one thousand dollars, taking their promissory note for that sum, payable in three years, with interest at ten per centum per annum, payable annually, together with a mortgage to secure the same upon a certain lot situated in the city of Olympia. This action is to recover upon the debt and foreclose the mortgage. The appellants filed an answer to the complaint, in which they admitted the execution of the note and mortgage, but denied the allegations of nonpayment, and by way of affirmative defense set up an accord…
2Cited by14 opinions
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