Spring v. Hill & Carr

Citations

• 6 Cal. 17

Syllabus

<p>Where a new note, on the same terms, between the same parties, for the same sum, and of the same date, is given as a substitute for a previous note secured by mortgage, the owner is entitled to a foreclosure on the new note.</p> <p>Where a deposition is taken ex parte, though after notice, and the witness is, therefore, not subjected to a cross-examination, the language used by him will be suspiciously regarded,- and only a very literal interpretation given to it.</p>