Adams & Freese Co. v. Kenoyer
North Dakota Supreme Court
Appeal from District Court, Sargent County, Allen, J. Mortgage foreclosure by Adams & Freese Company against Samuel F. Kenoyer and others. Judgment for defendants, and plaintiff appeals. Legislature may shorten the period within which actions may be •brought, provided reasonable time is fixed within which actions about to be barred might be commenced. Osborn v. Lindstrom, 9 N. D. 1, 81 N..
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Appeal from District Court, Sargent County, Allen, J. Mortgage foreclosure by Adams & Freese Company against Samuel F. Kenoyer and others. Judgment for defendants, and plaintiff appeals. Legislature may shorten the period within which actions may be •brought, provided reasonable time is fixed within which actions about to be barred might be commenced. Osborn v. Lindstrom, 9 N. D. 1, 81 N.. W. 72, 46 L. R. A. 715; Merchants National Bank of Bismarck, N. D. v. Braithwaite, 7 N. D. 358, 75 N. W. 244. Statutes have no retrospective operation except where the legis-lative intent to make it so is…
1Opinion of the CourtFisic, J.
This action is here for trial de novo. The facts are stipulated, and in substance are as follows: On September 22, 1887, respondents executed and delivered to one Rusk S. Adams their promissory note for the sum of $600, due November 1, 1892, with interest at eight per cent until maturity, and twelve per cent thereafter, the interest to accrue thereon being 'represented by five coupon notes of $48 each, maturing on November 1st of each year thereafter until paid. On the same day, and to secure said notes, they executed and delivered a mortgage with the usual covenants upon the northwest…
2Cases cited13 opinions
- People v. . TurnerNew York Court of Appeals · 1889
- Gilbert v. . AckermanNew York Court of Appeals · 1899
- Rexford v. . KnightNew York Court of Appeals · 1854
- Colonial & United States Mortgage Co. v. Northwest Thresher Co.North Dakota Supreme Court · 1905
- Hathaway v. Merchants' Loan & Trust Co.Illinois Supreme Court · 1905
8 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Farmers National Bank & Trust Co. v. Berks County Real Estate Co.Supreme Court of Pennsylvania · 1939
- Flippin v. JarrellSupreme Court of North Carolina · 1980
- Miller v. FallonSupreme Judicial Court of Maine · 1936
- Kozisek v. BrighamSupreme Court of Minnesota · 1926
- Overboe v. Farm Credit Services of FargoNorth Dakota Supreme Court · 2001
20 more not listed; retrieve them via the Exa API.