Trustees of Mutual Loan Ass'n v. Tyre
Superior Court of Delaware
Sci fa sur Mortgage After giving evidence to prove the execution of the mortgage and the non-payment of the debt secured by it, the plaintiffs rested. Counsel for defendant moved for a nonsuit on the following grounds: First. That it had not been shown by the plaintiffs that James H. Tyre was a member of the Mutual Loan Association. Second.
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Sci fa sur Mortgage After giving evidence to prove the execution of the mortgage and the non-payment of the debt secured by it, the plaintiffs rested. Counsel for defendant moved for a nonsuit on the following grounds: First. That it had not been shown by the plaintiffs that James H. Tyre was a member of the Mutual Loan Association. Second. That the action was brought when the plaintiffs had no legal status in this court; the second extension of time in which they could bring suit, granted by the Chancellor, having espired on the twenty-second day of June, 1910, and the third extension of…
1Opinion of the Court
As proof of the payment of the mortgage debt, the defendant offered in evidence a large number of checks, each being for a sum that aggregated the amount of monthly dues and monthly interest due from himself to the plaintiff association. This tender raised squarely the question of the right of the defendant to have the payment of his dues on stock applied to the credit of and in liquidation of the debt secured by his mortgage.
*91The question was argued at length upon briefs, and held under advisement from April fourteenth to April eighteenth, when the court delivered the following opinion.
Woolley…
2Cases cited4 opinions
- Strohen v. Franklin Saving Fund & Loan Ass'n ex rel. McKinleySupreme Court of Pennsylvania · 1887
- Coltrane v. BlakeCourt of Appeals for the Fourth Circuit · 1902
- Economy Building Ass'n ex rel. Smyth v. HungerbuehlerSupreme Court of Pennsylvania · 1880
- Link v. Germantown Building Ass'nSupreme Court of Pennsylvania · 1879
3Cited by8 opinions
- Atlas Realty Corporation v. HouseSupreme Court of Connecticut · 1936
- State Realty Co. of Boston, Inc. v. MacNeil Bros. Co.Massachusetts Supreme Judicial Court · 1956
- McGee v. KirbySupreme Court of Oklahoma · 1941
- In re the Receivership of National Building Loan & Provident Ass'nCourt of Chancery of Delaware · 1919
- Mott v. Western Savings & Loan Ass'nOregon Supreme Court · 1933
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