Wortman v. Vorhies
| Decision Date | 29 February 1896 |
| Citation | 44 P. 129,14 Wash. 152 |
| Parties | WORTMAN v. VORHIES ET AL. |
| Court | Washington Supreme Court |
Appeal from superior court, Chehalis county; Mason Irwin, Judge.
Action by Denis Wortman against Nathan Vorhies and others. From a decree for complainant, defendant Vorhies and certain others appeal. Affirmed.
T. D Scofield, for appellants.
Wickersham Reid & Meade and Ben Sheeks, for respondent.
This was an action to foreclose a mortgage given by Nathan Vorhies upon real estate acquired by the community composed of himself and Eless Vorhies, his wife. The mortgage was given in May, 1887. Eless Vorhies died intestate in September 1882, leaving, as surviving heirs, her husband, the said Nathan Vorhies, and John D., Mary E., Phebe E Aaron H., and David L. Vorhies, children. This appeal is from a decree of foreclosure. The first contention of appellants is that the court erred in allowing interest upon the principal sum secured by said mortgage at the rate of 1 per cent. per month after the date of maturity, and also allowing interest at the rate of 2 per cent. per month from the date of maturity, of an interest coupon note for the sum of $180, instead of simply allowing interest on the whole sum at the rate of 9 per cent. per annum. The principal note of $2,000 contained a provision for interest at the rate of 9 per cent. per annum, and the interest thus reserved was represented by coupon notes attached thereto, each of which coupon notes contained this provision: "This note bears interest at two (2) per cent. per month after maturity." Said principal note contained this stipulation: "This note shall bear interest at the rate of one per cent. per month after maturity." We think the court did not err in allowing interest in accordance with the express provisions of these notes. At the time of the making of the contract, and for many years prior thereto, as well as the time of rendering the decree, section 2796, 1 Hill's Code, was in force, viz.: "Any rate of interest agreed upon by parties to a contract, specifying the same in writing, shall be valid and legal." And the authorities cited by counsel for appellants are, in view of this statutory provision, wholly inapplicable.
2. The next question is as to the power of the surviving husband to execute a mortgage upon real estate which was acquired by the community. The court expressly found "that, at the time of the death of the said Eless...
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Ewald v. Hufton
...Francisco Savings Union, 63 Cal. 554, 75 Cal. 134, 7 Am. St. 129, 16 P. 753; Coe v. Sloan, supra; Adams v. Black, supra; Wortman v. Vorhies, 14 Wash. 152, 44 P. 129; Newman v. Cooper, 46 La. Ann. 1485, 16 So. Bossier v. Herwig, 112 La. 539, 36 So. 557; Walker v. Kimbrough, 23 La. Ann. 637; ......
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Nat'l Life Ins. Co. v. Hale
...but it is rather an agreement for liquidated damages, which the parties are at liberty to make if they choose." ¶21 In Wortman v. Vorhies, 14 Wash. 152, 44 P. 129, it is held:"An agreement to pay interest upon a promissory note at the rate of 9 per cent. per annum until maturity, and 1 per ......
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Table of Cases
...63 Wash. 380, 115 P. 849 (1911): 3.1(4), 3.4(1)(b) Worthington v.Worthington, 73 Wn.2d 759, 440 P.2d 478 (1968): 5.6(5) Wortman v.Vorhies, 14 Wash. 152, 44 P. 129 (1896): 4.11 Wright, In reMarriage of, 78 Wn.App. 230, 896 P.2d 735 (1995): 3.2(5)(a), 3.2(15) Wright, In reMarriage of, 147 Wn.......
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§4.11 Management After Death of A Spouse; Testamentary Powers
...spouse to encumber his or her own interest in property that was formerly community property was also recognized. Wortman v. Vorhies, 14 Wash. 152, 44 P. 129 Mabie v. Whittaker, 10 Wash. 656, 39 P. 172 (1895). Land was acquired during marriage, after which the wife died. Two years later, wit......