First National Bank of Riverside v. Holt

Citations

• 87 Cal. 158
• 25 P. 272

Syllabus

<p>Pleading — Demurrer for Uncertainty — Copy of Note — Indorsements of Payments — Execution. — A complaint alleging that defendants executed their promissory note to the plaintiff upon a certain day, “which note is in the words and figures following,”and setting forth a copy of the note, showing indorsements thereon of payments of later date than the date of the note, and alleging a payment upon the note of a sum equal to the sum of the indorsements, is not subject to a special demurrer for uncertainty as to whether the indorsements were a component part of the note at the time of its execution, or were subsequently added, nor as to whether the copy of the note set forth is a copy of the note executed.</p> <p>Id.—Foreclosure of Mortgage — Reasonable Attorney’s Fees.— Where the mortgage provides that, in the event of foreclosure, “reasonable attorney’s fees, to be taxed by the court, shall be allowed to plaintiff,” an allegation in an action of foreclosure that “two hundred dollars is a reasonable attorney’s fee to be allowed to the plaintiff for the collection of the said promissory note, and for the foreclosure of the said mortgage,” being limited to the action in hand, is neither ambiguous nor uncertain; and even if the averment were uncertain, it would not be ground of demurrer, as no averment as to what would be a reasonable fee is necessary.</p> <p>Foreclosure of Mortgage — Findings — Percentage — Appeal — Objection for First Time. — In an action to foreclose a mortgage, where the court finds that there was due to the plaintiff from the defendants a certain sum for “costs, percentage, and necessary disbursements, including attorney’s fees,” and this sum was included in the judgment, an objection that the court was not authorized to add a percentage to the costs and disbursements cannot .be considered for the first time on appeal.</p>