North Confidence Mining & Development Co. v. Fitch

The defendants appeal from the judgment herein adjudging that a certain promissory note and mortgage in favor of defendant Fitch for $9,439.04 are invalid for any amount in excess of $1,787.89 and enjoining the defendants from collecting any greater sum upon said note. The facts are fully set forth in the opinion this day filed deciding plaintiff’s appeal (ante, p. 329 [208 Pac. 328]) from the judgment holding the note and mortgage valid to the extent of $1,787.89.

Appellants contend that the plaintiff is not entitled to a judgment of cancellation because there is neither allegation nor proof…