Legal Opinion

Copper Belle Mining Co. v. Costello

Arizona Supreme Court

Decided March 20, 1909No. Civil No. 1094PublishedCited by 4 opinions

APPEAL from a judgment of the District Court of the Second Judicial District, in and for Cochise County. Fletcher M. Doan, Judge. The facts are stated in the opinion. The second mortgage did not provide for any default for ' nonpayment of interest.

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APPEAL from a judgment of the District Court of the Second Judicial District, in and for Cochise County. Fletcher M. Doan, Judge. The facts are stated in the opinion. The second mortgage did not provide for any default for ' nonpayment of interest. The mortgagee for default in the ' interest could not foreclose before the maturity of the note. , Van Loo v. Van Alten, 104 Cal. 269, 37 Pae. 925; Williams v. Townsend, 31 N. Y. 415. And nonpayment of an installment does not authorize judgment for the whole debt. Wilt- ’ sie on Mortgage Foreclosure, sec. 37; Black v. Reno, 59 Fed. 921; Bank v.…

1Opinion of the Court

KENT, C. J. —

This is an action brought by Martin Costello against the Copper Belle Mining Company, a corporation of the state of West Virginia, and the Copper Belle Mining Company of Arizona, a corporation of the territory of Arizona (which we will hereafter refer to as the “West Virginia company” and the “Arizona company,” respectively), to recover on certain promissory notes given by the West Virginia company to one G-leeson and subsequently assigned by him to Costello, and to foreclose the liens covered by two mortgages upon certain mining property of the West Virginia company given to…

2Cases cited5 opinions

  1. Clemens v. LuceCalifornia Supreme Court · 1894
  2. Phelps v. MayersCalifornia Supreme Court · 1899
  3. Copper Belle Mining Co. v. CostelloArizona Supreme Court · 1908
  4. Wheelwright v. St. Louis, N. O. & O. Canal Transp. Co.U.S. Circuit Court for the District of Eastern Louisiana · 1893
  5. Hooper v. StumpArizona Supreme Court · 1887

3Cited by4 opinions

  1. Mercantile Trust Co. v. San Joaquin Agricultural Corp.California Court of Appeal · 1928
  2. Holman v. RobertsArizona Supreme Court · 1929
  3. Bankr. L. Rep. P 67,332 in Re Hamman-Mcfarland Lumber Company, an Arizona Corporation, Debtor. Wallace Perry, Trustee v. Larry Hamman Et Ux.Court of Appeals for the Ninth Circuit · 1980
  4. Boggs v. ShinnDistrict Court, D. Arizona · 2020

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