Oakland Bank of Savings v. Applegarth
California Supreme Court
Appeal from a judgment of the Superior Court of Merced County, and from an order refusing a new trial. Action to foreclose a mortgage. The facts are stated in the opinion of the court.
1Opinion of the CourtRoss, J.
Certain costs of suits, counsel fees, and taxes are matters in dispute on this appeal. The action was brought to foreclose a certain mortgage given by defendant to secure a nromissory note executed by him to the plaintiff. The note *87and mortgage being overdue were sent by plaintiff to an attorney at Merced for purposes of foreclosure, and the evidence indicates a sort of race between the attorney and the derelict debtor as to which of two events should first take place, a tender of the money by the debtor, or the institution of the suit by the attorney. The court below found that the tender…
2Cited by6 opinions
- McCowen v. PewCalifornia Court of Appeal · 1912
- Bundy v. WillsNebraska Supreme Court · 1911
- Colton v. Oakland Bank of SavingsCalifornia Supreme Court · 1902
- Moore v. Investment Properties Corp.Court of Appeals for the Ninth Circuit · 1934
- Ward v. Massachusetts Bonding & Insurance Co.California Court of Appeal · 1922
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