Moran

Moran v. Gardemeyer

Good Law
1889 Cal. LEXIS 809·82 Cal. 96·23 P. 6
Supreme Court of CaliforniaDecember 18, 1889No. 12197California1,739 words

Opinion

Lead Opinion

Fox, J.

This is an action by a mortgagee against the executors of a mortgagor for foreclosure. December 29, 1882, Johanne C. F. Gardemeyer, otherwise called and usually writing his name Christian Gardemeyer, made to plaintiff his promissory note for three thousand dol *97 lars, due two years after date, with interest at the rate of nine per cent per annum, payable semi-annually, and if the principal or interest was not paid at maturity, then the same was to bear interest at the rate of one per cent per month until paid. To secure the payment of this note according to the terms thereof, he, at the same time, made and executed to plaintiff a mortgage of certain real estate situatedn the county of Alameda, which was duly acknowledged and recorded. This mortgage expressed on its face that it was to be security not only for the promissory note aforesaid, but also “for all further advances to the mortgagor by the mortgagee, and other indebtedness to the mortgagor by the mortgagee that may exist, arise, or be contracted before the satisfaction hereof, such further advances and indebtedness not to exceed the sum of five hundred dollars, exclusive of interest.”

Nothing was ever paid on the said…

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