Dewey v. Bowman

Citations

• 8 Cal. 145
• 1857 Cal. LEXIS 314

Syllabus

<p>In equity cases, although no motion for a new trial is made, this Court will not hold the findings of fact by the Court below conclusive.</p> <p>Where a promissory note is payable three months after date, with interest at the rate of -per month, the interest runs from the date of the note.</p> <p>Where a lease is assigned as security for a note, it is a pledge, and not a mortgage. The “pledgee” does not take the legal title by the assignment, or by failure of the “pledgor” to pay the note; but he has the right to collect the rents, and apply them on the note, and is responsible for the surplus.</p> <p>A pledgee has no right to sell until after demand and notice; and if he sells without demand and notice, to a party having full knowledge of his title, no absolute title passes, and the property remains in the hands of the purchaser, as a pledge.</p>