California Court of Appeal September 3, 1935, Civ. No. 10254 (Slack v. Metropolitan Trust Co.)

CRAIL, J.

This is an appeal by the plaintiffs from a judgment in an action based upon a mortgage certificate, i. e., a written contract on the part of the Security Investment Company to pay money to the plaintiffs, and an ancillary contract between the said company and the Metropolitan Trust Company, made for the benefit of the plaintiffs, whereby the trust company, it was alleged, agreed in case