Legal Opinion

Garland v. Federal Land Bank

Supreme Court of New Hampshire

Decided April 24, 1958No. 4590PublishedCited by 3 opinions

1Opinion of the CourtBlandin, J.

The issue before us is whether the payments of $991.51 for taxes and interest and the interest charges of $150 made by the defendant, the Federal Land Bank of Springfield, and totaling $1,141.51, are properly added to the mortgage debt of the plaintiffs, Ralph and Mildred Garland. The well established rule in these circumstances as lucidly expounded by Doe, C. J., in Morrison v. Manchester, 58 N. H. 538, 558, is that such charges are collectible because “the mortgagee is a creditor, justly entitled, by contract, to the payment of the original debt, without deducting from it the expenses of…

2Cases cited4 opinions

  1. Federal Land Bank of Columbia v. BrooksSupreme Court of Florida · 1939
  2. Williams v. HiltonSupreme Judicial Court of Maine · 1853
  3. City of Franklin v. Coleman Bros.Court of Appeals for the First Circuit · 1945
  4. Farmers Security Bank of Park River v. MartinNorth Dakota Supreme Court · 1915

3Cited by3 opinions

  1. Cobb v. OsmanNevada Supreme Court · 1967
  2. Johnson & Porter Realty Co. v. Commissioner of Revenue AdministrationSupreme Court of New Hampshire · 1982
  3. Bodwell Development Trust v. Federal Deposit Insurance Corp. (In re Bodwell Development Trust)United States Bankruptcy Court, D. New Hampshire · 1995

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