Los Angeles Humane Society v. Adler

JAMES, J.

Appeal by defendant Adler from a judgment entered against him for money after he had suffered default to be taken. The action was brought to enforce payment of a promissory note executed by defendant Brusch, which note was secured by mortgage upon real property of the said Brusch. That portion of the complaint referring to the execution of the note reads as follows :

“That on the fourteenth day of February, 1912, at Los Angeles County, in the state of California, defendant, Emma C. Brusch, a widow, made, executed, and delivered to the Los Angeles Humane Society (for children) her promissory note for the principal sum of one thousand one hundred dollars, in words and figures as follows, to wit:

“ ‘Note Secured by Mortgage.

“ ‘$1100.00. Los Angeles, Cal., February 14, 1912.

“ ‘Three years after date, for value received, I promise to pay to The Los Angeles Humane Society (for children), or

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order at the city of Los Angeles, state of California, the sum of eleven hundred ($1100.00) dollars, with interest from date until paid, at the rate of six (6%) per cent per annum, payable quarterly. Should the interest not be so paid it shall become part of the principal and thereafter bear like interest as the principal. Should default be made in the payment of any installment of interest when due, then the whole sum of principal and interest shall become immediately due and payable at the option of the holder of this note. Principal and interest payable in gold coin of the United States. This note is secured by a mortgage upon real property.

“ ‘Emma C. Bbusoh.’

“Indorsed on backr

“ ‘We hereby guarantee the payment of the within sum; I for one-half thereof, viz.: $550.00 and interest thereon.

“ ‘Elmab R. McDowal.

“ ‘And I for one-half thereof, mainly $550.00 and interest thereon.

“ ‘M. C. Adleb.’ ”

A further allegation referred to the mortgage as having been executed by Brusch and the mortgage was attached as an exhibit to the complaint. In the prayer of the complaint, judgment for such proportion of the deficiency that might result upon the sale of the property as appellant had contracted to be responsible for was demanded.