Legal Opinion

Fletcher v. Daugherty

Nebraska Supreme Court

Decided July 15, 1882PublishedCited by 15 opinions

Error to the district court for Saline county. Tried below before Weaver, J. Note and mortgage should be construed together. 1 Jones on Mortgages, sec. 76. Muzzy v. Knight, 8 Kan., 456. Kennion v. Kelsey, 10 Iowa, 443. Mortgage subject to conditions of note. 1 Hilliard on Mortgages, 286. ■ 2 Jones on Mortgages, 902. Tender unavailing.

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Error to the district court for Saline county. Tried below before Weaver, J. Note and mortgage should be construed together. 1 Jones on Mortgages, sec. 76. Muzzy v. Knight, 8 Kan., 456. Kennion v. Kelsey, 10 Iowa, 443. Mortgage subject to conditions of note. 1 Hilliard on Mortgages, 286. ■ 2 Jones on Mortgages, 902. Tender unavailing. Batmders v. Frost, 5 Pick., 267. Graham v. Linden, 50 N. Y., 547. The construction of note and mortgage must be such as to give effect to the terms of each. 2 Parsons Cont., 501. National Bank v. Peek, 8 Kan., 662. Sehoonmaoker n. Taylor, 14 Wis., 313.…

1Opinion of the Court

By the Court.

In April, 1881, the plaintiff commenced an action before a justice of the peace of Saline county, upon the following instrument:

“ $30. April 1, 1881, I promise to pay H. E. Fletcher or order thirty dollars, being interest to that date on my note for five hundred dollars. This interest note draws twelve per cent per annum from maturity.
“Matt. A. Daugherty.”

On the return day of the summons the defendant appeared in open court and tendered the sum of $535, being the amount due upon the note and mortgage for which the interest note was given, and costs to that date. The plaintiff…

2Cases cited1 opinion

  1. First National Bank v. PeckSupreme Court of Kansas · 1871

3Cited by15 opinions

  1. San Antonio Real Estate Building & Loan Ass'n v. StewartTexas Supreme Court · 1901
  2. Clark v. PaddockIdaho Supreme Court · 1913
  3. Graham v. FittsSupreme Court of Florida · 1907
  4. Grand Island Savings & Loan Ass'n v. MooreNebraska Supreme Court · 1894
  5. Lumbermen's Trust Co. v. Title Ins. & Inv. Co. of TacomaCourt of Appeals for the Ninth Circuit · 1918

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