Leahy v. Haworth
Court of Appeals for the Eighth Circuit
Appeal from the Circuit Court of the United States for the District of Nebraska. On July 12, 1887, the appellants borrowed 83,000 from a Massachusetts corporation, called the Dakota Mortgage Loan Corporation, and executed their note or bond for that sum payable to the order of the corporation, maturing July 1, 1892. This note was negotiable on its face.
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Appeal from the Circuit Court of the United States for the District of Nebraska. On July 12, 1887, the appellants borrowed 83,000 from a Massachusetts corporation, called the Dakota Mortgage Loan Corporation, and executed their note or bond for that sum payable to the order of the corporation, maturing July 1, 1892. This note was negotiable on its face. To secure its due payment, appellants hereinafter called defendants, executed and delivered to the corporation, a mortgage conveying real estate owned by them and situated in the state of Nebraska. Soon after receiving the note the corporation…
1Opinion of the CourtAdams, Circuit Judge
The first and second assignments of error arise from facts so interwoven that they may well be considered together. By the statutes of Nebraska in force at the time the transactions now under consideration were had the statute of limitations barred complainants’ right to foreclose the mortgage in question in 10 years after the maturity of the note. Section 5596, Comp. St. Neb. 1901. The noté was executed in 1887, payable July 1, 1892. On June 30, 1902, therefore, the right to foreclose the mortgage given to secure the payment of the note was barred. The suit instituted in 1896 by the English…
2Cases cited31 opinions
- Griffith v. FrazierSupreme Court of the United States · 1814
- McDonald v. NebraskaCourt of Appeals for the Eighth Circuit · 1900
- Doolittle v. LewisNew York Court of Chancery · 1823
- Osgood v. FranklinNew York Court of Chancery · 1816
- Kane v. PaulSupreme Court of the United States · 1840
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3Cited by16 opinions
- McCandless v. FurlaudSupreme Court of the United States · 1934
- Reardon v. Balaklala Corsol. Copper Co.U.S. Circuit Court for the District of Northern California · 1912
- United States v. PowellCourt of Appeals for the Fourth Circuit · 1938
- Gross v. HockerSupreme Court of Iowa · 1952
- Lopez v. United StatesCourt of Appeals for the Fourth Circuit · 1936
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