National Bank v. Dakin
Supreme Court of Kansas
Error from Phillips District Court. Action by Judith DaJdn against D. D. Bemis and others for foreclosure of a mortgage. The National Bank of St. Joseph, Mo., intervened. From a judgment against the bank, at the May term, 1890, and in favor of defendant Bemis, the bank brings error.
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Error from Phillips District Court. Action by Judith DaJdn against D. D. Bemis and others for foreclosure of a mortgage. The National Bank of St. Joseph, Mo., intervened. From a judgment against the bank, at the May term, 1890, and in favor of defendant Bemis, the bank brings error. It is contended by plaintiff in error that the $700 Gould note is negotiable paper; that plaintiff in error became the holder and owner thereof for value before due, in the regular course of its business; and that it ought to have recovered thereon by the findings and judgment of the court; and it is to this…
1Opinion of the Court
*659The opinion of the court was delivered by
Johnston, J.:
D. D. Bemis, who was the owner of a quarter section of land in Phillips county, executed a mortgage thereon to Judith Dakin to secure the payment of a debt. Afterward, he sold one-half of the tract to W. J. Gould, and as a part of the purchase price took Gould’s note for $700, payable in five years, with annual interest at the rate of 8 per cent, per annum, and took a mortgage on the same land to secure the payment of the note. It was stipulated and agreed in writing by the parties that the $700 debt, to be paid by Gould should be paid to…
2Cases cited6 opinions
- Swift v. TysonSupreme Court of the United States · 1842
- Goodman v. SimondsSupreme Court of the United States · 1858
- Oates v. National BankSupreme Court of the United States · 1879
- Maitland v. Citizens' National BankCourt of Appeals of Maryland · 1874
- Best v. CrallSupreme Court of Kansas · 1880
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
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- Birket v. ElwardSupreme Court of Kansas · 1904
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