Swenson v. Moline Plow Co.
Supreme Court of Kansas
Error from Cloud District Court. The only question here is, as to the right of two or more parties respectively owning and holding separate notes secured by the same mortgage to join as parties plaintiff in an action on said notes and mortgage. The district court, at the August Term 1873, held that such joint action could be maintained, and gave judgment accordingly. Swenson and Swenson, the defendants, appeal, and bring the case here on error.
1Opinion of the Court
*388The opinion of the court was delivered by
Valentine, J.:
This was an action on two promissory notes and a mortgage. The facts in the case are substantially as follows: The plaintiffs in error, Samuli O. Swenson and John P. Swenson, executed to the defendant in error C. M. Albinson two promissory notes and a mortgage on real estate to secure the payment of the notes. Afterward Albinson assigned one of said notes to the other defendant in error, the . Moline Plow Company. The notes were not paid at maturity, and this action was commenced by Albinson and the Moline Plow Company jointly against the…
2Cases cited6 opinions
- Winfield Town Co. v. MarisSupreme Court of Kansas · 1873
- Barnes v. City of BeloitWisconsin Supreme Court · 1865
- Hudson v. Commiss'rs of Atchison CountySupreme Court of Kansas · 1873
- Newcomb v. HortonWisconsin Supreme Court · 1864
- Harsh v. MorganSupreme Court of Kansas · 1863
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3Cited by16 opinions
- Palmer v. WaddellSupreme Court of Kansas · 1879
- City National Bank v. Goodloe-McClelland Commission Co.Missouri Court of Appeals · 1902
- Burhans v. HutchesonSupreme Court of Kansas · 1881
- Jeffers v. ForbesSupreme Court of Kansas · 1882
- Kearny County Bank v. NunnSupreme Court of Kansas · 1943
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