Deshler v. Holmes
Supreme Court of New Jersey
On appeal from a decree, advised by Frederic W. Stevens, Esq., Advisory Master, who filed the following conclusions: The material facts are these: Samuel Holmes, one of the defendants, executed to H. Virginia Deshler, the complainant, on April 27th, 1876, a bond and mortgage to secure the payment of $12,000, with interest at seven per cent.
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On appeal from a decree, advised by Frederic W. Stevens, Esq., Advisory Master, who filed the following conclusions: The material facts are these: Samuel Holmes, one of the defendants, executed to H. Virginia Deshler, the complainant, on April 27th, 1876, a bond and mortgage to secure the payment of $12,000, with interest at seven per cent. The principal sum not being paid at maturity, and Holmes not being, at that time, able to pay, as he was requested, $2,000 on account of the principal, the complainant filed her bill to foreclose on September 13th, 1879, Blake & Freeman acting as her…
1Per curiam
This decree affirmed, for the reasons given by the Advisory Master.
For affirmance — The Chief-Justice, Reed, Scudder, Brown, Clement, Cole, McGregor — 7.
For reversal — Depue, Dixon, Garrison, Knapp, Magie, Paterson, Whitaker — 7.
Note. — If a bond or note and mortgage bear ten per ceDt. interest (the legal rate), and judgment is recovered on the bond, a decree afterwards •obtained on the mortgage will bear only six per cent., Wayman v. Cochrane, 35 Ill. 152; Guernsey Bank v. Kelley, 14 Ohio St. 367; and if the judgment bears no interest, tire decree will bear none, Heydle v. Haselhurst, 4 Bibb…
2Cases cited10 opinions
- Wayman v. CochraneIllinois Supreme Court · 1864
- Palmer v. HarrisIllinois Supreme Court · 1881
- Bowen v. PhillipsIndiana Supreme Court · 1876
- Carr's v. RobinsonCourt of Appeals of Kentucky · 1871
- Reynolds v. RoudabushIndiana Supreme Court · 1877
5 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Hudson City Savings Bank v. Hampton Gardens Ltd.Supreme Court of New Jersey · 1981
- Liberty Mutual Fire Insurance v. AlexanderNew Jersey Superior Court Appellate Division · 2005