White v. Whitney
California Supreme Court
Appeal from a judgment of the Superior Court of Mendocino County, and from an order denying a new trial. The facts are stated in the opinion.
1Opinion of the Court
Gibson, C.
This was an action to foreclose a mortgage given to secure payment of a one-year note, dated November 3, 1880, for $450, with interest at the rate of one and one half per cent per month of thirty days, payable at maturity of note, and if not so paid, to become part of the principal and draw like interest.
The defendant, in his answer, in addition to a general denial, set up that he executed the note and mortgage solely in consideration of the promise of plaintiff to pay him the amount of the note; that plaintiff only paid him $250 of the amount, and refused to pay the remainder. And…
2Cases cited7 opinions
- Roche v. WareCalifornia Supreme Court · 1886
- Landis v. TurnerCalifornia Supreme Court · 1860
- Franc v. HewittCalifornia Supreme Court · 1857
- Severance & Smith v. LombardoCalifornia Supreme Court · 1860
- Lubert v. ChauviteauCalifornia Supreme Court · 1853
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Maguire v. CunninghamCalifornia Court of Appeal · 1923
- Hurwitz v. GrossCalifornia Court of Appeal · 1907
- Bushnell v. SimpsonCalifornia Supreme Court · 1898
- Patrick v. TetzlaffCalifornia Court of Appeal · 1920
- Campbell v. RiceCalifornia Court of Appeal · 1913