Holmes v. West

Citations

• 17 Cal. 623

Syllabus

<p>A promissory note payable generally, but not specifying any time of payment, is due immediately; and a provision in the note that interest is to accrue after the decision of a certain suit, does not alter the principle.</p> <p>In suit on a note and mortgage—the answer not denying the execution thereof— the decree recited, among other things, that the Court had duly considered the premises, and that “it appears from the note and mortgage sued upon that there was due plaintiff at the date of the commencement of this suit, for principal and interest upon the debt and mortgage mentioned and set forth in the complaint, the sum of $2,000; ” it is ordered, etc.: Held, that this constitutes a sufficient finding of facts to support the decree—amounting as it does to an indirect finding of the substantial matters in the complaint, to wit: the execution and delivery of the note and mortgage.</p>