McCauley v. Leavitt
Utah Supreme Court
Appeal from tbe district court of tbe fourth judicial district, Hon. James A. Miner, Judge. Action by C. A. H. McCauley against John Q. Leavitt, et al., to foreclose a'mortgage on real estate. From tbe judgment for plaintiff for tbe principal sum and interest to the day of maturity, but refusing to allow interest to tbe day of trial and attorneys’ fees provided in the note, be appeals. The note was payable at the First National Bank of Ogden, Utah.
Read the full summary
Appeal from tbe district court of tbe fourth judicial district, Hon. James A. Miner, Judge. Action by C. A. H. McCauley against John Q. Leavitt, et al., to foreclose a'mortgage on real estate. From tbe judgment for plaintiff for tbe principal sum and interest to the day of maturity, but refusing to allow interest to tbe day of trial and attorneys’ fees provided in the note, be appeals. The note was payable at the First National Bank of Ogden, Utah. Respondents’ obligation was to be ready and willing to pay at that place. Not having done so, default occurred, and never having before the…
1Opinion of the Court
BaRtoh, J.:
This is an action to foreclose a mortgage on real estate/ given as security for the payment of a note. As appears from the record, John Q. Leavitt and Cynthia Leavitt, his wife, made and delivered to the plaintiff, on the 13th of April, 1889, a promissory note for $1,200, due in six months after date. This note was, by its terms, payable in United States gold coin, at the First National Bank of Ogden, Utah, and contained a provision for 10 per cent, additional, for collection, in case the note was not paid at maturity. The note was secured by mortgage on real estate, and the…
2Cases cited2 opinions
- Wallace v. McConnellSupreme Court of the United States · 1839
- Hills v. . PlaceNew York Court of Appeals · 1872
3Cited by2 opinions
- Overland Gold Mining Co. v. McMasterUtah Supreme Court · 1899
- Isbell v. Walton Trust Co.Supreme Court of Oklahoma · 1917