Keedle v. Flack
Nebraska Supreme Court
Error to the district court for Hamilton county. Tried below before Norval, J. A mortgagee cannot, by an action at law, enforce the promise of a third party who assumes the mortgage debt; such promise is primarily for the benefit of the original debtor, and he alone has the right of action. (National Bank v. Grand Lodge,. 98 U. S., 123; 1 Jones, Mortgages, see. 761 (6); Booth v. Ins.
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Error to the district court for Hamilton county. Tried below before Norval, J. A mortgagee cannot, by an action at law, enforce the promise of a third party who assumes the mortgage debt; such promise is primarily for the benefit of the original debtor, and he alone has the right of action. (National Bank v. Grand Lodge,. 98 U. S., 123; 1 Jones, Mortgages, see. 761 (6); Booth v. Ins. Co., 43 Mich., 299; Hicks v. Mc-Qarry, 38 Id., 667; Iligman v. Stewart, Id., 513; Unger v. Smith, 44 Id., 22; Stuart v. Worden, 42 Id., 154; Mellen v. Whipple, 1 Gray [Mass.], 317; Locke v. Homer, 131 Mass., 93;…
1Opinion of the CourtMaxwell, J.
This action was brought by defendant in error against James M. Miller, Emma Miller, John B. Xeedle, John W. Harris, A. R. Hoagland, and A. Neith, upon a promissory note executed and delivered on .the 12th day of March, 1888, by James M. Miller and Emma Miller, to A. W. Agee and ¥m. J. Stevenson, for the sum of $648, due eight months after date, with interest at the rate of ten per. cent per annum from date until paid.
At the time of the execution and delivery of said note, defendants Miller and Miller, to secure the payment of said note, executed and delivered to Agee & Stevenson a mortgage…
2Cases cited5 opinions
- Lawrence v. . FoxNew York Court of Appeals · 1859
- Farley v. ClevelandNew York Supreme Court · 1825
- Putney v. FarnhamWisconsin Supreme Court · 1870
- Shamp v. MeyerNebraska Supreme Court · 1886
- Cooper v. FossNebraska Supreme Court · 1884
3Cited by6 opinions
- Hare v. MurphyNebraska Supreme Court · 1895
- Union Pacific Railway Co. v. Metcalf & WoodNebraska Supreme Court · 1897
- Coleman v. BeckNebraska Supreme Court · 1942
- Hubbard v. KnightNebraska Supreme Court · 1897
- Martin v. HumphreyNebraska Supreme Court · 1899
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