Thornton v. Irwin
Supreme Court of Missouri
Error to Sixth District Court. I. Plaintiff should not have been allowed to redeem the property conveyed under the first mortgage under this bill, however much he might be entitled to redeem under a suit properly brought for that purpose.
Read the full summary
Error to Sixth District Court. I. Plaintiff should not have been allowed to redeem the property conveyed under the first mortgage under this bill, however much he might be entitled to redeem under a suit properly brought for that purpose. The bill really contains two distinct counts and independent 'equity suits having no legal connection with each other, viz: First, the bill to rescind the sale and deeds under the first mortgage, on the ground that the debt secured thereby was paid and the mortgage satisfied. Second, the bill to redeem the second mortgage, which bill admits an existing debt…
1Opinion of the CourtBliss, Judge
On the 5th of September, 1860, plaintiff drew a bill of five thousand dollars, at four months, payable at the Citizens’ Bank of New Orleans, and procured its indorsement, for his own accommodation, by defendants Irwin, Ranson, and Hedges, which bill was discounted for him at the Kansas City branch of the Union Bank. To secure his indorsers he mortgaged to them certain real estate in Kansas City, including lots 167 and 168. On the 7th of January following, one dayvbefore the maturity of the bill, another bill of the same amount, at three months, drawn and indorsed by the same parties, was…
2Cases cited5 opinions
- Michoud v. GirodSupreme Court of the United States · 1846
- Hendricks v. RobinsonNew York Court of Chancery · 1817
- Benham v. RoweCalifornia Supreme Court · 1852
- Fairbairn v. MeansCourt of Appeals of Kentucky · 1863
- Ives v. AshleyMassachusetts Supreme Judicial Court · 1867
3Cited by29 opinions
- Chouteau v. AllenSupreme Court of Missouri · 1879
- Grumley v. WebbSupreme Court of Missouri · 1869
- Kitchen v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1878
- Patterson v. BoothSupreme Court of Missouri · 1890
- Copsey v. Sacramento BankCalifornia Supreme Court · 1901
24 more not listed; retrieve them via the Exa API.