Hubbard v. University Bank of Los Angeles

Citations

• 125 Cal. 684
• 58 P. 297
• 1899 Cal. LEXIS 925

Syllabus

<p>Foreclosure of Mortgage—Joinder of Parties—Endorsers of Note.—In an action for the foreclosure of a mortgage securing the payment of a promissory note which was endorsed before delivery by third parties who waived demand and notice, the endorsers of the note may be properly joined as codefendants.</p> <p>Id.—Judgment for Deficiency Against Endorser.—In such action a judgment may be rendered and ordered docketed for the deficiency which may arise after sale of the mortgaged premises, against the endorsers as well as against the makers of the note.</p> <p>Id.—Allowance op Attorney’s Eee—Execution of Mortgage by Corporation — Authority from Directors — Admissions in Pleadings.—Where the mortgage in suit expressly provided for the allowance of a reasonable attorney’s fee, to be fixed by the court, the corporation defendant, in whose name the mortgage was executed, is bound by admissions in the pleadings that the corporation executed the mortgage, and that its execution was authorized by resolution of its directors; and it cannot claim that the resolution did not authorize the allowance of an attorney’s fee.</p>