Cerf
Anglo-Californian Bank, Ltd. v. Cerf
Opinion
Lead Opinion
Angellotti, J.
This is an action to foreclose as mortgages two certain deeds of conveyance, absolute in form, executed by defendants Moses Cerf, Ernest Cerf, and L. M. Kaiser to defendant Ignatz Steinhart. According to the allegations of the complaint, said deeds, while absolute in form, were in fact executed as mortgages for the sole purpose of securing to plaintiff the .payment of an indebtedness of $34,300, evidenced by certain promissory notes then existing in favor of plaintiff and against the firm of Blochman & Cerf, and of securing the payment of all further advances that might be made by plaintiff to said firm and all sums that might thereafter become due from said firm to plaintiff. Said firm of Blochman & Cerf was at the date of said deed, and ever since has been, composed solely of defendant Moses Cerf. It was further alleged that, relying upon such security, plaintiff renewed certain notes from time to time, and made further advances to said firm, until on December 27, 1894, the amount of $27,117.13 was due from the firm to plaintiff, and that on said day a note therefor for $27,000, payable one day after date, and bearing interest at the rate of eight per cent per annum, was…