Miesen v. Motter

Citations

• 115 Wash. 49
• 196 P. 659
• 1921 Wash. LEXIS 713

Syllabus

<p>Payment (28)—Evidence—Sweictency. An eight hundred dollar payment upon a mortgage is not shown where it appears that the mortgagor had obtained more money at a bank on notes signed by the mortgagee and that the sum was paid and credited on the bank notes.</p> <p>Usury (12)—Commission or Bonus to Agent. An agreement by a borrower to pay a bonus of $500-, in consideration of the loan of $2,000, evidenced by a note for that sum, does not make such note usurious, under Rem. Code, § 6255, where the note did not provide for interest and said sum of $500 was never paid and is not claimed by the payee of the note.</p> <p>Mortgages (7)—Debts Secured. A receipt for a deed given to secure money loaned, reciting that it would be returned on payment of the money, “or any other money that is due me” shows that the deed was intended as security for any money that should be due.</p> <p>Same (242)—Foreclosure—Attorney’s Fees—Right to When not Stipulated. Rem. Code, § 475, providing that, in mortgage foreclosures and other cases in which attorney’s fees are allowed, no fee shall be fixed above the contract price, does not require attorney’s fees in all mortgage foreclosures; hut means that, in all eases where they are allowed, they shall he fixed by the court; and if the note or mortgage does not provide for an attorney’s fee, none can be allowed.</p>