Bank of California v. Dyer

The opinion of the court was delivered by

Gordon, J.

This suit was brought by the appellant to foreclose a mortgage upon real estate executed by respondents Charles A. Dyer and Sophie Dyer to the respondent State Bank securing to said State Bank the promissory note of the said respondents Dyer bearing even date with said mortgage in the sum of seventy-eight hundred dollars. The complaint alleges that the note was assigned to the appellant prior to its maturity. The respondents made separate answers. In addition to setting up two affirmative defenses, the nature of which is disclosed by the…