Richardson v. Diss
California Supreme Court
APPEAL from a judgment of the Superior Court of San Bernardino County. Frank F. Oster, Judge. This was a proceeding for a writ of mandate to compel the clerk of the superior court of San Bernardino county to pay to the petitioner, who was a creditor of the estate of a deceased person, and whose claim was founded on a promissory note secured by mortgage, the amount of interest due on the note at the rate provided for therein, out of the proceeds of fhe mortgage property,…
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APPEAL from a judgment of the Superior Court of San Bernardino County. Frank F. Oster, Judge. This was a proceeding for a writ of mandate to compel the clerk of the superior court of San Bernardino county to pay to the petitioner, who was a creditor of the estate of a deceased person, and whose claim was founded on a promissory note secured by mortgage, the amount of interest due on the note at the rate provided for therein, out of the proceeds of fhe mortgage property, which had been sold in the probate proceedings. Further facts are stated in the opinion.
1Opinion of the Court
GRAY, C.
The record in this case presents the single question: What rate of interest should an allowed claim, based on ia promissory note, against a solvent estate of a deceased person, bear? On the part of appellant it is contended that the claim after allowance should bear the legal rate of seven per cent, and on the part of respondent it is claimed that the agreement as to interest, contained in the contract upon which the claim is based, is the measure of the rate of interest as well after the claim is allowed as before. The learned judge of the trial court adopted the latter theory, and…
2Cases cited4 opinions
- Finger v. McCaugheyCalifornia Supreme Court · 1896
- Corcoran v. DollCalifornia Supreme Court · 1867
- Consolidated National Bank v. HayesCalifornia Supreme Court · 1896
- In re Estate of DenCalifornia Supreme Court · 1868
3Cited by4 opinions
- In Re Estate of BellCalifornia Supreme Court · 1914
- Haub v. LeggettCalifornia Supreme Court · 1911
- Pueblo v. WysSupreme Court of Puerto Rico · 1917
- People v. WysSupreme Court of Puerto Rico · 1917