Foster v. Furlong
North Dakota Supreme Court
Appeal from District Court, Cass County; Pollock, J. Action by George W. Foster against William Furlong and Anna M. Furlong. Judgment for plaintiff. Defendants appeal. The promise of defendants to pay amount due at the time to which payment was extended, with interest on accrued interest, was _ sufficient consideration for plaintiff’s promise to extend the time of payment. § 3871 Rev. Codes; Bish. Conts. § 76; Blind v. Goldslip, 26 Am. Dec. 108; Whitfield v. McLeod, 1 Am.
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Appeal from District Court, Cass County; Pollock, J. Action by George W. Foster against William Furlong and Anna M. Furlong. Judgment for plaintiff. Defendants appeal. The promise of defendants to pay amount due at the time to which payment was extended, with interest on accrued interest, was _ sufficient consideration for plaintiff’s promise to extend the time of payment. § 3871 Rev. Codes; Bish. Conts. § 76; Blind v. Goldslip, 26 Am. Dec. 108; Whitfield v. McLeod, 1 Am. Dec. 1; Goldspeed v. Puller, 71 Am. Dec. 572. The consideration is good whether executed or executory in whole or in part.…
1Opinion of the CourtYoung, J.
This case comes to us for trial anew upon an appeal from a judgment and decree of foreclouse entered in the District Court of Cass county in plaintiff’s favor. The plaintiff is the owner of two mortgages executed by the defendants, covering 320 acres of land situated in Cass county. One of the mortgages secures two notes; the other .secures one. Each note bears 10 per cent, interest, both before and after due. The notes show upon their face that they were due April 16, 1897, October 16, 1896, and *284December 9, 1897, respectively. There were two prior mortgages upon the same property. The first,…
2Cases cited6 opinions
- Henry Atkins & Co. v. Town of RandolphSupreme Court of Vermont · 1858
- Flynn v. Mudd & HughesIllinois Supreme Court · 1862
- Warner v. CampbellIllinois Supreme Court · 1861
- Myers v. First National BankIllinois Supreme Court · 1875
- People's Bank v. PearsonsSupreme Court of Vermont · 1858
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3Cited by10 opinions
- Verry v. MurphyNorth Dakota Supreme Court · 1968
- Rottman v. HevenerCalifornia Court of Appeal · 1921
- Annis v. BurnhamNorth Dakota Supreme Court · 1906
- Merchants State Bank v. TuftsNorth Dakota Supreme Court · 1905
- Rathbun v. Security Manufacturing Co.California Court of Appeal · 1927
5 more not listed; retrieve them via the Exa API.