Weinberg v. Naher
Citations
- 51 Wash. 591
- 99 P. 736
- 1909 Wash. LEXIS 1235
Syllabus
<p>Mortgages — Maturity of Debt — Option to Declare Whole Debt Due — Waiver—Tender of Overdue Payment. An option in a mortgage note to declare tbe whole debt due for default in payment of interest cannot be exercised after lawful tender of an overdue interest installment.</p> <p>Limitation of Actions — Time—Accrual of Right of Action. Failure to pay an installment of interest, under a clause authorizing the payee to declare the whole debt due, does not start the running of the stat.ute of limitations.</p> <p>Same — Exercise of Option — Notice—Sufficiency. Letters stating that a loan will be called in if the mortgagor does not in a week further secure the loan by an insurance policy, and that the mortgagee will insist on the policy or call in the loan, do not amount to an election to declare the whole sum due on account of default in the payment of interest.</p> <p>Tender — Conditions—Waiver of Objections. Where at the time a tender of interest was made through a payment to a bank, coupled with a request that the mortgagee call and receive it, the mortgagee, in writing, gave as his only reason for refusing the tender, that the interest was past due, he cannot afterwards object that the tender was not lawful because coupled with a condition and not made to him personally.</p> <p>Tender — Necessity. A formal tender is excused where it appears that it would be refused.</p>
Judges: Fullerton
Read full opinion on CourtListenerCited by
28 cases in this archive cite this case; the 20 most cited are listed.
- Gunther v. WhiteTennessee Supreme Court· 1973-01-15· cited 57×
- 4518 S. 256th, LLC v. Karen L. Gibbon, PSCourt of Appeals of Washington· 2016-08-15· cited 51×
- Puget Sound Mutual Savings Bank v. LillionsWashington Supreme Court· 1957-08-29· cited 29×
- Sandra M. Merceri v. The Bank Of New York MellonCourt of Appeals of Washington· 2018-08-13· cited 27×
- Glassmaker v. RicardCourt of Appeals of Washington· 1979-04-03· cited 22×
- Gunby v. IngramWashington Supreme Court· 1910-01-25· cited 22×
- AAC CORPORATION v. ReedWashington Supreme Court· 1968-04-25· cited 21×
- Coman v. PetersWashington Supreme Court· 1909-04-13· cited 17×
- Doup v. AlmandSupreme Court of Arkansas· 1948-01-19· cited 15×
- Keene v. ZindorfWashington Supreme Court· 1914-08-11· cited 13×
- Wilshire Enterprises, Inc. v. Taunton Pearl Works, Inc.Massachusetts Supreme Judicial Court· 1970-02-02· cited 12×
- Nixon v. Buckeye Bldg & Loan Co.Ohio Court of Appeals· 1934-11-08· cited 9×
- Rich v. RosenthalSupreme Court of Arkansas· 1954-06-21· cited 7×
- Cook v. StrelauWashington Supreme Court· 1923-11-08· cited 6×
- U.S. Bank National Association as Trustee of Holders of Adjustable Rate Mortgage Trust 2007-2 v. UkpomaCourt of Appeals of Washington· 2019-04-02· cited 5×
- Boger v. BellWashington Supreme Court· 1915-02-11· cited 4×
- Ward v. ThorndykeWashington Supreme Court· 1911-09-07· cited 3×
- Iverson v. PetermanWashington Supreme Court· 1959-02-26· cited 2×
- Heckert v. HilscherWashington Supreme Court· 1910-12-20· cited 2×
- Lindholm v. PatrickWashington Supreme Court· 1919-05-29· cited 1×
Cites
7 cases in this archive are cited by this case.
- Swearingen v. LahnerSupreme Court of Iowa· 1894-12-19· cited 37×
- Lowenstein v. PhelanNebraska Supreme Court· 1885-01-15· cited 26×
- Ver Planck v. GodfreyAppellate Division of the Supreme Court of New York· 1899-06-15· cited 19×
- First National Bank v. ParkerWashington Supreme Court· 1902-04-09· cited 16×
- Zeimantz v. BlakeWashington Supreme Court· 1905-05-03· cited 14×
- White v. KrutzWashington Supreme Court· 1905-02-09· cited 10×
- Sykes v. ArneCalifornia Supreme Court· 1897-02-12· cited 1×
Sourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.