Canadian Birkbeck Investment & Savings Co. v. Williamson
Idaho Supreme Court
'APPEAL from the District Court of the Second Judicial District, for Latah County. Hon. Edgar C. Steel, Judge. Action for debt upon certain mortgages. Judgment for plaintiff. The statute of limitations begins to run against a cause at and from the time when an action may properly be commenced thereon. (Pridgieon v. Greathouse, 1 Ida. 359; Osburn v. Hopkins, 160 Cal. 501, Ann.
Read the full summary
'APPEAL from the District Court of the Second Judicial District, for Latah County. Hon. Edgar C. Steel, Judge. Action for debt upon certain mortgages. Judgment for plaintiff. The statute of limitations begins to run against a cause at and from the time when an action may properly be commenced thereon. (Pridgieon v. Greathouse, 1 Ida. 359; Osburn v. Hopkins, 160 Cal. 501, Ann. Cas. 1913A, 413, 117 Pac. 519.) Where a contract contains an acceleration clause positive in its terms and without any optional features in it, a default under said clause renders the entire indebtedness due and the…
1Opinion of the Court
EEDDOCH, District Judge.
This action is based upon two mortgages covering real estate located in the Province of Alberta, Dominion of Canada, which were assumed by .the appellant on Feb. 1, 1909. One of said mortgages is dated Nov. 14,1906, and the other April 18,1907. The first in point of time was given to secure the sum of $1,500, and provides that it shall be payable in monthly instalments of $22.50, payable on or before the first day of each month for a period of 96 months next ensuing from its date, the first instalment to become due and payable on the last day of December, 1906. The…
2Cases cited12 opinions
- Pennoyer v. NeffSupreme Court of the United States · 1878
- Thomas v. ClarksonSupreme Court of Georgia · 1906
- Jefferson v. GallagherSupreme Court of Oklahoma · 1915
- Felton v. WestCalifornia Supreme Court · 1894
- Lovell v. GossSupreme Court of Colorado · 1909
7 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Ore-Ida Potato Products, Inc. v. United Pacific InsuranceIdaho Supreme Court · 1964
- Eastern Idaho Production Credit Ass'n v. Placerton, Inc.Idaho Supreme Court · 1980
- Duncan v. Jacobsen Construction Co.Idaho Supreme Court · 1961
- Perkins v. SwainIdaho Supreme Court · 1922
- Prewett v. First Nat. Bank of HagermanIdaho Supreme Court · 1928
7 more not listed; retrieve them via the Exa API.