Legal Opinion

New England Mortgage Security Co. v. Casebier

Court of Appeals of Kansas

Decided June 4, 1896No. 121PublishedCited by 4 opinions

Memorandum. — Error from Osborne district court; .Cyrus Heren, judge. Action by The New England Mortgage Security Company against John W. Case-bier and others to recover on a note and mortgage. Judgment for defendants. Plaintiff brings the case to this court.

1Opinion of the Court

*742The opinion of the court was delivered by

Gahvek, J. :

This action is based upon a note and mortgage. The only question presented for consideration is as to the amount of interest which the plaintiff is entitled to recover. The note provides :

“With interest from date until paid at 7 per cent, per annum, as per coupons attached. . . . On failure to pay interest within five days after due, the' holder may collect the principal and interest at once, and as stipulated in the mortgage made to secure this note.”

The mortgage, after the usual conditions, and after reciting the obligation of the…

2Cases cited2 opinions

  1. Muzzy v. KnightSupreme Court of Kansas · 1871
  2. Hutchinson v. BenedictSupreme Court of Kansas · 1892

3Cited by4 opinions

  1. Clark v. PaddockIdaho Supreme Court · 1913
  2. Tipton v. EllsworthIdaho Supreme Court · 1910
  3. Lumbermen's Trust Co. v. Title Ins. & Inv. Co. of TacomaCourt of Appeals for the Ninth Circuit · 1918
  4. Smith v. KerrSupreme Judicial Court of Maine · 1931

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