Dodge v. Freedman's Savings & Trust Co.
Supreme Court of the United States
Appeal from the Supreme Court of tlie District of Columbia. The Freedman’s Savings and Trust Companyj on tlie seventeenth day of May, 1873, exhibited its bill of complaint in the Supreme Court of the District of Columbia, alleging that it owned and held certain unpaid and overdue promissory notes made by the defendant Dodge, and that certain real estate in the city of Georgetown, which had been conveyed in trust to the defendants Jones and Darneille, to secure the payment of…
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Appeal from the Supreme Court of tlie District of Columbia. The Freedman’s Savings and Trust Companyj on tlie seventeenth day of May, 1873, exhibited its bill of complaint in the Supreme Court of the District of Columbia, alleging that it owned and held certain unpaid and overdue promissory notes made by the defendant Dodge, and that certain real estate in the city of Georgetown, which had been conveyed in trust to the defendants Jones and Darneille, to secure the payment of said notes, had been unlawfully and fraudulently released from the operation of the deed Of trust, and had been…
1Opinion of the CourtJustice Hunt
It is conceded in the pleadings that Dodge made the notes in question; that the property described in the trust deed was conveyed to Jones and Darneille to secure their payment; that the notes were just debts, and the trust deed a valid security for their payment. Why, then, should not the security of the trust deed remain to the holder of the notes? The answer is, that the notes have been paid; therefore the trust deed has discharged its office, and the security by law reverts to or is held for the benefit of its original owner. The principle of law involved in this proposition is too plain…
2Cases cited10 opinions
- Harbeck v. . VanderbiltNew York Court of Appeals · 1859
- Montgomery County Bank v. . Albany City BankNew York Court of Appeals · 1852
- Pitts v. . WilderNew York Court of Appeals · 1848
- Tousley v. . BarryNew York Court of Appeals · 1858
- Jackson ex dem. Sagoharie v. DobbinNew York Supreme Court · 1808
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3Cited by59 opinions
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- Dugas v. American Surety Co.Supreme Court of the United States · 1937
- Steeple v. DowningIndiana Supreme Court · 1878
- Anderson v. GillCourt of Appeals of Maryland · 1894
- Lester v. HutsonCourt of Appeals of Texas · 1914
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