Martinson v. Kershner
North Dakota Supreme Court
Appeal from a judgment of tbe District Court of Ward County, Leighton, J. Defendant appeals. Tbe mere collection of interest by tbe mortgage company would not be evidence of its authority to collect tbe principal, even if tbe authority so to do bad not been in writing and specific and limited to tbe collection of tbe interest coupon forwarded for such purpose. Hollinshead v. John Stuart & Co. (Hollinshead v. Globe Invest. Co.) 8 N. D. 35, 42 L.R.A. 659, 73 Am.
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Appeal from a judgment of tbe District Court of Ward County, Leighton, J. Defendant appeals. Tbe mere collection of interest by tbe mortgage company would not be evidence of its authority to collect tbe principal, even if tbe authority so to do bad not been in writing and specific and limited to tbe collection of tbe interest coupon forwarded for such purpose. Hollinshead v. John Stuart & Co. (Hollinshead v. Globe Invest. Co.) 8 N. D. 35, 42 L.R.A. 659, 73 Am. St. Rep. 742, 77 N. W. 89; Corey v. Hunter, 10 N. D. 5, 84 N. W. 570. Tbe presumption is that no one has authority to collect a…
1Opinion of the CourtChristianson, J.
On the 15th day of April, 1907, one Charles Besmehn was the owner of a quarter section of land in Ward county, in this state. And on that date, through the agency of one M. C. Egan, of Tagus, North Dakota, he obtained a loan on this land from the American Mortgage & Investment Company of St. Paul, Minnesota, and executed and delivered to this company a negotiable promissory note in the sum of $800, payable April 15th, 1912, together with a real estate mortgage upon the land in question to secure the payment of said note. The American Mortgage & Investment Company thereafter, on August 8,…
2Cases cited12 opinions
- Edwards v. . DooleyNew York Court of Appeals · 1890
- Hollinshead v. John Stuart & Co.North Dakota Supreme Court · 1898
- Burchard v. HullSupreme Court of Minnesota · 1898
- Loizeaux v. FremderWisconsin Supreme Court · 1904
- Schultz v. SroelowitzIllinois Supreme Court · 1901
7 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Askew v. Joachim Memorial HomeNorth Dakota Supreme Court · 1975
- Vaux v. HamiltonNorth Dakota Supreme Court · 1960
- JR Watkins Company v. VangenNorth Dakota Supreme Court · 1962
- Lander v. HartsonNorth Dakota Supreme Court · 1951
- Bernard v. MadsenNorth Dakota Supreme Court · 1925
8 more not listed; retrieve them via the Exa API.