Hubbard v. Ogden
Supreme Court of Kansas
Error from Atchison District Court. Action brought by Ogden, against P. L. Hubbard, and Ellen R. Hubbard, on a promissory note and a mortgage by them executed to the plaintiff. At the March Term, 1877, the case was submitted to the court, without a jury, upon the pleadings with the exhibits thereto attached, and upon an agreed statement of the facts of the case. Findings and judgment for the plaintiff. Ellen R. Hubbard brings the case to this court.
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Error from Atchison District Court. Action brought by Ogden, against P. L. Hubbard, and Ellen R. Hubbard, on a promissory note and a mortgage by them executed to the plaintiff. At the March Term, 1877, the case was submitted to the court, without a jury, upon the pleadings with the exhibits thereto attached, and upon an agreed statement of the facts of the case. Findings and judgment for the plaintiff. Ellen R. Hubbard brings the case to this court. The law is so well established, that the payment of interest in advance by a principal, and an extension of the time of payment without the…
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:
This was an action on a promissory note and a mortgage. The note, with the indorsements thereon, reads as follows:
“$1,500. Atchison, Kansas, May 15, 1874.
“One year after date, I promise to pay N. P. Ogden, or order, the sum of fifteen hundred dollars, for value received, with interest at the rate óf 12 per cent, per annum, semiannually in advance, until paid. P. L. Hubbard.”
“Dec. 14, 1874, rec’d on the within, $90.”
“Sept. 3, 1875, rec’d on the within, $93.”
The mortgage was executed at the same time, by P. L. Hubbard and his wife, Ellen R.…
Also in this document: Concurrence.
2Cases cited6 opinions
- Jenness v. CutlerSupreme Court of Kansas · 1874
- The Bank of Albion v. . BurnsNew York Court of Appeals · 1871
- People's Bank v. PearsonsSupreme Court of Vermont · 1858
- Rose v. WilliamsSupreme Court of Kansas · 1870
- Woodburn v. CarterIndiana Supreme Court · 1875
1 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Fourth National Bank v. HillSupreme Court of Kansas · 1957
- Jackson v. LongwellSupreme Court of Kansas · 1901
- Fisher v. PendletonSupreme Court of Kansas · 1959
- Johnson v. Franklin BankSupreme Court of Missouri · 1903
- Moody v. StubbsSupreme Court of Kansas · 1915
10 more not listed; retrieve them via the Exa API.