Union Bank & Trust Co. v. Himmelbauer
Montana Supreme Court
Appeal from District Court, Lewis and Clark County; B. Lee Word, Judge. Action by the Union Bank & Trust Company against Anton Himmelbauer and wife. From an order of the district court refusing to discharge an attachment, defendants appeal. The amended complaint fails to state a cause of action.
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Appeal from District Court, Lewis and Clark County; B. Lee Word, Judge. Action by the Union Bank & Trust Company against Anton Himmelbauer and wife. From an order of the district court refusing to discharge an attachment, defendants appeal. The amended complaint fails to state a cause of action. It is our contention that the clause permitting the mortgagee to regard the debt secured by the mortgage due and payable is for the purpose of enabling the mortgagee to take the property, sell it, and apply the proceeds to the payment of the debt, and for no other purpose. The note itself is a promise…
1Opinion of the CourtChief Justice Brantly
This is an appeal from an order of the district court of Lewis and Clark county refusing to discharge an attachment.
On December 17, 1917, Anton Himmelbauer and Mabel Himmelbauer, his wife, executed and delivered to the Union Bank & Trust Company, hereafter referred to as the bank, their promissory note for the sum of $9,600, due at the end of six months, with interest at the rate of 8 per cent per annum. To secure the payment of the note, they at the same time executed and delivered to the bank a mortgage upon certain personal property. The mortgage provided that it should also be security…
2Cases cited9 opinions
- Kohler v. AgassizCalifornia Supreme Court · 1893
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