Phœnix Insurance v. Dolan
Supreme Court of Kansas
Error from, Elk District Court. Action by the Insurance Company against Dolan to foreclose a mortgage. At the May term, 1889, there was a judgment for plaintiff for an amount less than it claimed, and it brings the case here. The opinion states the facts.
1Opinion of the Court
The opinion of the court was delivered by
Johnston, J.:
The Phcenix Insurance Company of Hartford, Conn., brought this action to recover on a promissory note executed by Thomas D. Kerns and wife in favor of James H. Tallman for $250, and the interest thereon, and also to foreclose a mortgage given by them to secure the same on a house and lot in Howard. The note and mortgage were assigned to the insurance company, and default having been made in the payment, this action was brought against the makers and also against William Dolan, who had purchased *726the mortgaged property and assumed the…
2Cases cited1 opinion
- Home Insurance v. MarshallSupreme Court of Kansas · 1892
3Cited by1 opinion
- The Peoples State Bank of Ellinwood, Kansas, and Marian Isern v. Marlette Coach CompanyCourt of Appeals for the Tenth Circuit · 1964