New York Security & Trust Co. v. Lombard Inv. Co.
U.S. Circuit Court for the District of Western Missouri
Suit by tbe New York Security & Trust Company against tbe Lombard. Investment Company and others. Heard on tbe petition in intervention of Leslie C. Perree.
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Suit by tbe New York Security & Trust Company against tbe Lombard. Investment Company and others. Heard on tbe petition in intervention of Leslie C. Perree. This cause is submitted upon an agreed statement of facts, the substance of which is about .as follows: The Lombard Investment Company, at its office in Kansas City, Mo., took from one Donaldson two debenture bonds, of date February 1, 1889, payable to David H. Ettien, as trustee, — one for the sum of $2,000, and the other for $9,000; the $2,000 bond running three years, and the $9,000 bond running five years, — with interest coupons…
1Opinion of the CourtPhilips, District Judge
(after stating the facts). As there are a number of cases of like character with this, growing out of several transactions of the Lombard Investment Company, which this court will be called upon to determine, I have given to the questions of law arising on the agreed statement of facts herein much consideration.
It has been since 1865 the settled law of this state (where the mortgaged property is situated, and the parties thereto at the time of its execution resided) that where several notes of equal date, hut maturing at different times, are secured by deed of trust on real property, in a…
2Cases cited16 opinions
- Carpenter v. LonganSupreme Court of the United States · 1873
- Union Bank of Chicago v. Kansas City BankSupreme Court of the United States · 1890
- Etheridge v. SperrySupreme Court of the United States · 1891
- Dodge v. Freedman's Savings & Trust Co.Supreme Court of the United States · 1876
- Randolph's v. Quidnick Co.Supreme Court of the United States · 1890
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3Cited by4 opinions
- McDonnell v. BurnsCourt of Appeals for the Eighth Circuit · 1897
- Herrington v. City of DublinCourt of Appeals of Georgia · 1935
- Central State Bank v. Commercial Building & Securities Co.Supreme Court of Iowa · 1928
- White v. GutshallSupreme Court of Iowa · 1931