San Francisco Bank v. National Radio Co.

This is an action upon a promissory note and to foreclose a real estate mortgage given to secure the payment of said note. Plaintiff had judgment, and the defendant, Jessie S. Gregory, appeals therefrom.

The note and mortgage in suit were executed September 22, 1922, by the defendant National Radio Company, a corporation, in the principal sum of $30,000.

Immediately after the execution thereof the said National Radio Company executed a deed of trust of the property described in said mortgage, in favor of the defendant Jessie S. Gregory, to secure a loan in the sum of $17,500. Thereafter said property was sold by virtue of the terms of said deed of trust and title passed to said Jessie S. Gregory, subject to the prior lien of plaintiff’s mortgage.

In appellant’s opening brief appears the following statement: “The only question presented by this appeal relates to the reasonableness of the allowance of $3600.00 as and for attorney’s fees allowed to plaintiff in connection with the enforcement of plaintiff’s rights under the mortgage.” Amplifying the foregoing statement by the record in this case, it appears that the trial court allowed to the plaintiff an attorney fee of $2,000 in…