McLane v. Abrams
Nevada Supreme Court
Appeal from a decree of the District Court of tbe First Judicial District, Storey County, Hon. R. S. Mesick presiding. On the twelfth of August, 1863, the owners of certain property in Virginia City, executed to M. Abrams a mortgage to secure the payment of $6,000 and interest. $3,000 were loaned, and note taken at the time the mortgage was executed, and M. Abrams agreed to advance the other three thousand as soon as certain improvements were made on the mortgaged property.
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Appeal from a decree of the District Court of tbe First Judicial District, Storey County, Hon. R. S. Mesick presiding. On the twelfth of August, 1863, the owners of certain property in Virginia City, executed to M. Abrams a mortgage to secure the payment of $6,000 and interest. $3,000 were loaned, and note taken at the time the mortgage was executed, and M. Abrams agreed to advance the other three thousand as soon as certain improvements were made on the mortgaged property. In due time the other three thousand were advanced, and a second note executed. In October, 1863, the owners of the…
1Opinion of the Court
Opinion by
Lewis, C. J., Brosnan, J., concurring.
The principal questions involved in this appeal are : first, does a promissory note, providing for the payment of three and a half per cent, per month interest, but which does not, in express terms, continue that rate of interest after the maturity of the note, bear the stipulated rate after maturity, or only the legal rate; and, second, are the defendants entitled to counsel fees and commissions under the stipulations of the note. The note or instrument upon which these questions arise reads as follows :
“ Virginia City, August 12,1863. — One…
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