Keene Five Cent Sav. Bank v. Reid
Court of Appeals for the Eighth Circuit
Appeals from the Circuit Court of the United States for the District of Kansas. This action was brought by the Keene Five Cent Savings Bank, a New Hampshire corporation, the appellant in case.No. 1,795, and one of the appellees in case No. 1,796, to foreclose a mortgage on lands situated in Marshall county, Kan. The bill alleged, in substance, that Gavin Reid and Elmira Reid on October 14, 1886, executed a note in favor of Fanny TJ.
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Appeals from the Circuit Court of the United States for the District of Kansas. This action was brought by the Keene Five Cent Savings Bank, a New Hampshire corporation, the appellant in case.No. 1,795, and one of the appellees in case No. 1,796, to foreclose a mortgage on lands situated in Marshall county, Kan. The bill alleged, in substance, that Gavin Reid and Elmira Reid on October 14, 1886, executed a note in favor of Fanny TJ. Warden in the sum of $6,000, payable 20 years after date, with 20 interest coupons, for $420 each, thereto attached, and that as security therefor they executed…
1DissentCaldwell, Circuit Judge
The suit is to foreclose a mortgage. The mortgage and notes are to be treated “as one instrument or as contemporaneous agreements relating to the same subject-matter.” The provision in the note relating to the law by which it is to be construed is to be read into the mortgage, and the provision of the mortgage relating to the maturity of the mortgage debt upon failure to pay any part of it at maturity is to be read into *228the notes. This much has been distinctly decided by the Supreme Court of the United States in Moline Plow Co. v. Webb, 141 U. S. 616, 623, 12 Sup. Ct. 100, 35 L. Ed. 879.
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2Cases cited18 opinions
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- Pritchard v. NortonSupreme Court of the United States · 1882
- London Assurance v. Companhia De Moagens Do BarreiroSupreme Court of the United States · 1897
- Coghlan v. South Carolina RailroadSupreme Court of the United States · 1891
- First National Bank v. PeckSupreme Court of Kansas · 1871
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