Legal Opinion

Leonard v. Tyler

California Supreme Court

Decided March 27, 1882No. 6,995PublishedCited by 5 opinions

Appeal from a judgment and for the plaintiff, and from an order overruling defendant’s demurrer in the Third District Court of the City and County of San Francisco. Thornton, J.

1Opinion of the Court

The Court :

This was an action to foreclose a mortgage given to secure payment of a promissory note, payable in three equal installments of principal, and quarterly installments of interest. The mortgage contains a clause to the effect that if any of *300the installments of principal or interest shall remain unpaid for ninety days after it shall become due and payable, the - whole amount of the note shall become due and payable immediately, at the option of the payee or holder.

Default having been made in the payment of several of the installments of interest and of the first installment of…

2Cited by5 opinions

  1. Hewitt v. DeanCalifornia Supreme Court · 1891
  2. Mercantile Trust Co. v. San Joaquin Agricultural Corp.California Court of Appeal · 1928
  3. Chase v. First National BankCourt of Appeals of Texas · 1892
  4. Maddox v. WymanCalifornia Supreme Court · 1892
  5. Adams v. RutherfordOregon Supreme Court · 1885

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