Bartholomew v. First National Bank
Supreme Court of Kansas
Error from Saline District Court. If on. R. F. Thompson, Judge. This was an action by the New England Loan & Trust Company to foreclose a mortgage given by Aaron Zeiner and wife on a tract of land in Saline County to secure the payment of a debt of $7,000. The same parties had executed two mortgages upon the same land to the First National Bank of Salina, Kansas ; one to secure the payment of two promissory notes, one for $4,008.40, due December 4, 1889, and one for…
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Error from Saline District Court. If on. R. F. Thompson, Judge. This was an action by the New England Loan & Trust Company to foreclose a mortgage given by Aaron Zeiner and wife on a tract of land in Saline County to secure the payment of a debt of $7,000. The same parties had executed two mortgages upon the same land to the First National Bank of Salina, Kansas ; one to secure the payment of two promissory notes, one for $4,008.40, due December 4, 1889, and one for $2,337.94, due December 1, 1891, and another mortgage to secure a note for $258.10, due December 1, 1891. The mortgage securing…
1Opinion of the CourtJohnston, J.
The only contention here is between J. B. Bartholomew, who took up one of the Zeiner notes, and the First National Bank of Salina, Kansas, the payee of the note. Bartholomew claims that he purchased the note and was entitled to be subrogated to the rights of the Bank and to have the mortgage securing the note foreclosed in his favor. The Bank insists that there was no purchase or assignment of the note, and that only payment was contemplated by either party. The claim that the testimony fails to support the findings of fact cannot be sustained, and this is the principal error assigned. In the…
2Cited by6 opinions
- Blitz ex rel. Erickson v. MetzgerSupreme Court of Kansas · 1925
- Standard Surety & Casualty Co. of New York v. Standard Acc. Ins.Court of Appeals for the Eighth Circuit · 1939
- Maryland Casualty Co. v. Cleveland, Cincinnati, Chicago & St. Louis Railway Co.Indiana Court of Appeals · 1919
- Bank of Fayetteville v. LorweinSupreme Court of Arkansas · 1905
- Olsness v. BairdNorth Dakota Supreme Court · 1924
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