Gunby v. Ingram

Citations

• 57 Wash. 97
• 106 P. 495
• 1910 Wash. LEXIS 703

Syllabus

<p>Mortgages — Default in Interest — Maturing of Whole Debt— Waiver. A provision in a mortgage that the whole debt shall become due in case of nonpayment of interest is waived if the mortgagee does not manifest intention to claim it prior to tender of the interest.</p> <p>Same — Tender—After Assignment — Notice. Where a mortgagor had no notice of the assignment of the mortgage, tender of interest to the mortgagee is sufficient, and prevents exercise of an option to declare the whole debt due.</p> <p>Same — Tender—By Check — Sufficiency. The mailing of a check for interest due on a mortgage is a sufficient tender to prevent the exercise of an option to declare the whole debt due, where all other payments of interest had been made by check, and no objection was made to the character of the money or specie tendered.</p> <p>Moetgages — Payment by Check — Evidence—Subitciency. The evidence sufficiently shows that previous payments of interest on a mortgage note had been made by checks, where the mortgagor so testified according to his best judgment and that such was his custom, the mortgagee did not testify, and there was no other evidence on the subject.</p> <p>Pleading — Supplemental Complaint — Pbematube Action. Where an action is prematurely commenced, it cannot be made the basis for a supplemental complaint upon the maturing of the debt.</p>