Pickford v. Peebles
South Dakota Supreme Court
Appeal from circuit court, Olay county. Hon. D. Haney, Judge. Action to foreclose a mortgage. From tbe judgment rendered plaintiff appeals. Tbe facts are stated in tbe opinion. The release of the security for a negotiable note, made with-out any authority from the owner and holder thereof, does not effect his right to enforce the security. Carpenter v. Longon, 16 Wall. 271; Ins.
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Appeal from circuit court, Olay county. Hon. D. Haney, Judge. Action to foreclose a mortgage. From tbe judgment rendered plaintiff appeals. Tbe facts are stated in tbe opinion. The release of the security for a negotiable note, made with-out any authority from the owner and holder thereof, does not effect his right to enforce the security. Carpenter v. Longon, 16 Wall. 271; Ins. Co. v. Eldredge, 102 U. S. 545; Keohan v. Smith, 97 111. 156; Burhause v. Hutcheson, 25 Kan. -625; Lee v. Clark, 1 S. W. 142; Hogerman v. Sulton, 4 Id. 73; Yandercook v. Baker, 48 la. L99; Mortendale v. Burch, 27 Id.…
1Opinion of the CourtCorson, P. J.
This action was brought in the circuit court of Clay county to foreclose a mortgage given by the defendant F. M. Tomlinson on land now owned and occupied by the defendant Peebles. The facts, as they appear from the record, are substantially as follows: One of the defendants, J. M. Dunn, resided in the city of Le Mars, state of Iowa, from the year 1883 to ] 890, and was engaged in the business of loaning money on real estate and chattel security. P. M. Dunn, another of the defendants, was his wife, and during this period assisted him in his busines, and in his absence had charge of it. Quite a…
2Cases cited4 opinions
- Williams v. JacksonSupreme Court of the United States · 1883
- Merrill v. HurleySouth Dakota Supreme Court · 1895
- Merrill v. LuceSouth Dakota Supreme Court · 1894
- Livermore v. MaxwellSupreme Court of Iowa · 1893
3Cited by10 opinions
- Chase v. Commerce Trust Co.Supreme Court of Oklahoma · 1923
- Henniges v. PaschkeNorth Dakota Supreme Court · 1900
- Madson v. BallouSouth Dakota Supreme Court · 1935
- Barry v. StoverSouth Dakota Supreme Court · 1906
- Brown v. HallSouth Dakota Supreme Court · 1913
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