London, Paris, & Am. Bank, Ltd. v. Smith

The complaint alleges in substance that on the twenty-fourth day of August, 1885, Andrew Smith applied to the London, Paris, and American Bank, limited, to extend a credit accommodation to the firm of Harrington, and Smith, a copartnership which then, and until the death of Andrew Smith in January, *417 1892, existed and carried on business at Seattle, in the present state of Washington, and to secure the same executed to the plaintiff, David Calm, a deed conveying to him. certain lands situate in the county of San Mateo, in this state, and at the same time, and as part of said transaction, the said grantor and grantee entered into an agreement, reciting, among other things, “ that said conveyance is intended to secure the payment to the London, Paris, and American Bank, limited, of all sums of money which are now or may hereafter become due from the party of the first part, or the firm of Harrington and Smith, of Seattle, Washington Territory, with interest, and all costs and charges incurred by said party of the second part, together with interest on all said indebtedness at the rate of eight per cent per annum.”

“And it is agreed that so long as the said party of the first…