Vogan v. Caminetti

California Supreme Court

Vogan v. Caminetti

4 P. 435, 65 Cal. 438, 1884 Cal. LEXIS 589

CourtCalifornia Supreme Court

DecidedJuly 26, 1884

DocketNo. 9,223

StatusPublished

Cited by4 cases

This text of 4 P. 435 (Vogan v. Caminetti) is published on Counsel Stack Legal Research, covering California Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Vogan v. Caminetti, 4 P. 435, 65 Cal. 438, 1884 Cal. LEXIS 589 (Cal. 1884).

Pincite

Opinion

The Court.

The object of the transaction between the deceased Vogan and the deceased Shipman being to indemnify Vogan for the liabilities he had incurred and might incur on Shipman’s account, the amount of the mortgage and note served only to limit the extent of the security. Upon the foreclosure of that mortgage, the amount for which judgment was rendered was, properly, the amount the mortgagee had paid under the liability for which he was secured, with interest from the day of payment. (Jones on Mort. vol. 1, § 384.)

Judgment and order affirmed.

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The Court.

The object of the transaction between the deceased Vogan and the deceased Shipman being to indemnify Vogan for the liabilities he had incurred and might incur on Shipman’s account, the amount of the mortgage and note served only to limit the extent of the security. Upon the foreclosure of that mortgage, the amount for which judgment was rendered was, properly, the amount the mortgagee had paid under the liability for which he was secured, with interest from the day of payment. (Jones on Mort. vol. 1, § 384.)

Judgment and order affirmed.

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Bluebook (online)

4 P. 435, 65 Cal. 438, 1884 Cal. LEXIS 589, Counsel Stack Legal Research, https://law.counselstack.com/opinion/vogan-v-caminetti-cal-1884.

Opinion

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