Mortgage Guarantee Co. v. Motors Acceptance Corp.

Respondent has moved to dismiss the appeal or to affirm the judgment in its favor upon the ground that the questions on which the decision of the cause depends are so unsubstantial that further argument is not required.

In 1929 defendant corporation executed in favor of plaintiff Mortgage Guarantee Company a promissory note for $33,000, secured by a deed of trust to plaintiff Title Insurance and Trust Company, of certain real property. In 1930 the maker of the note conveyed the real property, subject to the encumbrance, to defendant Breckwedel. In 1933 default occurred in payment of the note and plaintiff Mortgage Guarantee Company caused the property to" be sold under the trust deed. There remained unpaid after the sale a deficiency of $10,103.80. This action was brought by the plaintiffs (Title Insurance and Trust Company having an interest in the note by assignment) to recover that sum. Defendant corporation defaulted but issue was joined by defendant Breckwedel. At the close of the trial the court made findings in favor of the plaintiffs. Judgment was entered accordingly and defendant Breckwedel appealed.

Appellant’s contention is that he merely accepted conveyance of the…