Long

Long v. Newman

Good Law
10 Cal. App. 430·1909 Cal. App. LEXIS 216·102 P. 534
Court of Appeal of CaliforniaApril 23, 1909Civ. No. 590.California3,599 words

Opinion

Lead Opinion

Hart, J.

The defendant, Pacific Loan Association, is a building and loan corporation, organized and existing under and by virtue of the laws of this state.

On the 30th of April, 1901, the plaintiff, having borrowed from said defendant the sum of $4,200, on the general plan of building and loan concerns, executed and delivered to said defendant her promissory note in said amount, payable ten years after date, with interest at the rate of seven per cent per annum. For the purpose in part of securing the payment of said loan, the plaintiff executed a deed of trust to a certain lot or piece of real property situated in the city of San Francisco to the defendants, Simon Newman and Henry Sinsheimer, as trustees, with full power to sell said premises at public auction to satisfy the loan secured from said Pacific Loan Association, in the event of default by the plaintiff in any of the payments required by her contract with said association.

It is alleged in the complaint that the defendants, claiming that the plaintiff had failed to make the payments required of her under her contract, had taken steps to sell said premises “on the 12th day of March, 1908.” It is alleged that the plaintiff…

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