Cosgrave v. McAvay
North Dakota Supreme Court
.Appeal from the District Court of Kidder County, Winchester, J. Nights of parties to this action are to be determined by laws of Minnesota, because parties resided there at time notes, mortgage, and assignment were made, and note payable in Minnesota. 7 Cyc. 639, 640, note 55; 1 Dan. Neg.
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.Appeal from the District Court of Kidder County, Winchester, J. Nights of parties to this action are to be determined by laws of Minnesota, because parties resided there at time notes, mortgage, and assignment were made, and note payable in Minnesota. 7 Cyc. 639, 640, note 55; 1 Dan. Neg. Inst. p. 658, et seq.; Central Trust Co. v. Burton,. 74 Wis. 333, 43 N. W. 141; Newman v. Kershaw, 10 Wis. 333. Recording of assignment of mortgage not notice to defendant of transfer of papers and title. Minn. Gen. Stat. 1894, § 4183; N. D„ Kev. Codes, 1905, § 6167. Notes secured by mortgage upon land in…
1Opinion of the CourtGoss, J.
This action is brought to foreclose a real estate mortgage. Defendant executed and delivered to J. G. Lund, of Minneapolis, Min*346nesota, bis promissory note for $1,000, dated February 20th, 190G, due February 20th, 1911, bearing interest at 6 per cent per annum according to five coupon notes. The principal note contained a permission to pay $100, or any multiple thereof, on any interest payment date. These notes were secured by this mortgage upon land in Kidder county, North Dakota, duly acknowledged and there recorded. On April 19th, 1906, the notes were transferred for value by indorsement…
2Cases cited20 opinions
- Scudder v. Union National BankSupreme Court of the United States · 1875
- Union Central Life Ins. v. PollardSupreme Court of Virginia · 1896
- Hollinshead v. John Stuart & Co.North Dakota Supreme Court · 1898
- Smith v. ParsonsSupreme Court of Minnesota · 1893
- White v. MillerSupreme Court of Minnesota · 1893
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3Cited by8 opinions
- Wilson v. KrygerNorth Dakota Supreme Court · 1914
- Baird v. MeyerNorth Dakota Supreme Court · 1927
- Gate City Federal Savings & Loan Ass'n v. O'ConnorCourt of Appeals of Minnesota · 1987
- Kansas City Life Ins. Co. v. WellsCourt of Appeals for the Eighth Circuit · 1943
- Douglas County State Bank v. SutherlandNorth Dakota Supreme Court · 1925
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