Chapman v. Pennie

Citations

• 4 Cal. Unrep. 970
• 39 P. 14
• 1895 Cal. LEXIS 1211

Syllabus

<p>Foreclosure—Deficiency Judgment—Action Against Administrator.—An action cannot be maintained against an administrator for a deficiency judgment on foreclosure, where the decedent, the mortgagor, was a nonresident at the time of commencement of the action to foreclose, remained away from the state until after the sale thereunder, and never appeared in the action.</p> <p>Bankruptcy.—On the Same Day That a Discharge in bankruptcy was granted to B., the maker of a note and mortgage, “from all debts and claims which are made provable against his estate,” a stipulation was entered into between B. and C., the owner of the note, whereby it was agreed that the interest should be reduced, that the note should be extended, and that proceedings to enforce its payment should be dismissed. Held, that, as it did not appear that the agreement to pay the note was made after the discharge, the parties did not intend to make a new contract on which the bankrupt could be held, but only to extend the time and reduce the interest of the note and mortgage.1</p>