Hutchinson v. Benedict
Supreme Court of Kansas
Error from Osborne District Court. Judgment for plaintiff, Benedict, at the May term, 1892. Defendants, Catherine Hutchinson and another, come to this court. The opinion states the facts. Any additional burden imposed because of a default is a penalty; and so it must be regarded in this case, as viewed by the plaintiffs in error. Another principle well settled is, that .penalties generally will be enforced only so far as their enforcement is equitable.
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Error from Osborne District Court. Judgment for plaintiff, Benedict, at the May term, 1892. Defendants, Catherine Hutchinson and another, come to this court. The opinion states the facts. Any additional burden imposed because of a default is a penalty; and so it must be regarded in this case, as viewed by the plaintiffs in error. Another principle well settled is, that .penalties generally will be enforced only so far as their enforcement is equitable. These premises were accepted by the trial court, and the intimation from the bench was that resulting conclusions would have followed, except…
1Opinion of the Court
*550Opinion by
Green, C.:
On the 13fch day of February, 1892, E. G. Benedict filed his petition in the district court of Osborne county against Catherine Hutchinson and John C. Hutchinson, to foreclose two mortgages, amounting in the aggregate to $1,500, and each falling due July 1, 1891. The principal of each debt was evidenced by a note, in the usual form for farm loans, with coupons attached, fixing the interest upon the notes at 7 per cent, per annum. The notes and coupons bore interest at 12 per cent, per annum from maturity, payable semi-annually. The language of each one of the principal…
2Cases cited2 opinions
- Railroad Co. v. SpragueSupreme Court of the United States · 1881
- Kurtz v. SponableSupreme Court of Kansas · 1870
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- Kennedy v. GibsonSupreme Court of Kansas · 1904
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- Mortgage Trust Co. v. BachSupreme Court of Kansas · 1904
- New England Mortgage Security Co. v. CasebierCourt of Appeals of Kansas · 1896
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