Hollinshead v. John Stuart & Co.
North Dakota Supreme Court
Appeal from District Court, Barnes County; Glaspell, J. Action by Charles Hollinshead against the Globe Investment Company, defendant, to secure the satisfaction of a certain mortgage and for the statutory penalty. John Stuart & Company intervened. Plaintiff purchased the mortgaged premises from William Glass and as part of the purchase price assumed and agreed to pay the mortgage thereon given by his grantor to the Globe Investment Company.
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Appeal from District Court, Barnes County; Glaspell, J. Action by Charles Hollinshead against the Globe Investment Company, defendant, to secure the satisfaction of a certain mortgage and for the statutory penalty. John Stuart & Company intervened. Plaintiff purchased the mortgaged premises from William Glass and as part of the purchase price assumed and agreed to pay the mortgage thereon given by his grantor to the Globe Investment Company. Prior to the purchase of said property by plaintiff, the Globe Investment Company had assigned its mortgage to intervener and endorsed and delivered to…
1Opinion
ON REHEx\RING.
Bartholomew, C. J.
On petition of appellant a rehearing was ordered in this case, and, there having been a change in the members of the Court in the meantime, the case has been again fully agrued upon all points. But, as to all the points except the one hereinafter mentioned, we are satisfied with the opinion as it stands, and shall not notice them further. It is urged upon us, however, that in our former opinion we carried the doctrine of equitable estoppel in pais to an unwarranted length, and that the facts recited in the opinion do not constitute such estoppel,' under the…
2Cases cited14 opinions
- Ward v. SmithSupreme Court of the United States · 1869
- Hollinshead v. John Stuart & Co.North Dakota Supreme Court · 1898
- Wilson v. CampbellMichigan Supreme Court · 1896
- Doubleday v. . KressNew York Court of Appeals · 1872
- Joy v. VanceMichigan Supreme Court · 1895
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