Kerbaugh v. Nugent
Indiana Court of Appeals
Prom Boone Circuit Court: Samuel B. Artman, Judge. Suit by Justus Kerbaugh against Thomas Nugent and another. Prom a judgment for plaintiff, he appeals.
1Opinion of the CourtHottel, J.
Suit by appellant against appellees on four promissory notes of $1,000 each, and to foreclose a mortgage given to secure them.
The mortgage contains the following provision: “Upon the failure to pay any one of said notes at maturity, all said notes are to become due and collectible.” An alleged default in this provision gives rise to this suit.
The complaint is in one paragraph, and contains the customary averments of a complaint on a series of notes and for the foreclosure of a mortgage given to secure them, with the added averments that the mortgage in suit contained the provision before…
2Cases cited12 opinions
- Wallace v. McConnellSupreme Court of the United States · 1839
- Woodward v. MitchellIndiana Supreme Court · 1895
- Moore v. SargentIndiana Supreme Court · 1887
- Smith v. Wells Manufacturing Co.Indiana Supreme Court · 1897
- Scanlin v. StewartIndiana Supreme Court · 1894
7 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Griese-Traylor Corp. v. LemmonsIndiana Court of Appeals · 1981
- Streets v. M.G.I.C. Mortgage Corp.Indiana Court of Appeals · 1978
- McFarland v. ChristoffIndiana Court of Appeals · 1950
- Kalman v. Treasure CountyMontana Supreme Court · 1929
- Cofer v. BeverlyCourt of Appeals of Texas · 1916
4 more not listed; retrieve them via the Exa API.