Fisher v. Bouisson
North Dakota Supreme Court
Appeal from District Court, Ramsey County; Morgan, J. Action by Jessie B. Fisher against Antoine Bouisson and others to foreclose a mortgage. From an order overruling a demurrer to the complaint, defendant appeals.
1Opinion of the CourtCorliss, J.
Plaintiff’s complaint in an action brought to foreclose a mortgage on real property has been demurred to, on the ground that the complaint fails to state a cause of action. The demurrer has been overruled. The defendants appeal. The sufficiency of the complaint is assailed in three particulars. We will discuss them in their order. First, it is said that it does not appear that the principal sum secured by the mortgage was due when the suit was commenced The mortgage secure a principal note and several coupon interest notes. The principal note was made payable June 1, 1894, but it contains a…
2Cases cited5 opinions
- Burrall v. . Bushwick Railroad CompanyNew York Court of Appeals · 1878
- Treadway v. WilderNevada Supreme Court · 1872
- Foster v. JohnsonSupreme Court of Minnesota · 1888
- Hays v. LewisWisconsin Supreme Court · 1863
- Reeve v. FrakerWisconsin Supreme Court · 1873
3Cited by2 opinions
- Viets v. SilverNorth Dakota Supreme Court · 1910
- Crawford State Bank v. DanksSouth Dakota Supreme Court · 1932