Savings Bank of St. Helena v. Middlekauff

Citations

• 113 Cal. 463
• 45 P. 840
• 1896 Cal. LEXIS 811

Syllabus

<p>Foreclosure of Mortl .ue—Answer and Cross-complaint—Insufficient Amendment—Assignment of Insurance Policy as Security. In an action to foreclose a mortgage, a proposed amended answer and cross-complaint setting up an assignment to plaintiff of an insurance policy on the mortgaged premises, and a loss by fire, and alleging that defendants had made proof of loss, and had requested plaintiff to collect the insurance to be applied on the mortgage note, which plaintiff had refused to do, and that there was a conspiracy between plaintiff and the insurance company—does not state any defense to the action, nor any cause of action by way of cross-complaint, that can be litigated in the foreclosure suit—bub the controversy between the parties must be determined in another action, and it is not error to refuse leave to file the proposed amended pleadings.</p> <p>Id.—Rights op Pledgee—Constructioít op Code.—A pledgee may recover a debt for which a pledge is given, without first exhausting the subject of the pledge, and under section 726 of the Code of Civil Procedure, the defendant cannot compel an adjustment of a pledged insurance policy in an action to foreclose a mortgage ; nor does section 3433 of the Civil Code apply to such a case.</p>