Legal Opinion

Mortgage Trust Co. v. Cowles

Court of Appeals of Kansas

Decided May 5, 1896No. 70Published

Memorandum. — Error from Phillips district court; A. C. T. Geiger, judge. Action in foreclosure by The Mortgage Trust Company of Pennsylvania against William B. Kennedy, Edgar P. Cowles, and others. Judgment for the administratrix of defendant Cowles. Plaintiff brings the case to this court.

1Opinion of the Court

The opinion of the court was delivered by

Clark, J.:

On December 22, 1884, Joseph Kennedy executed and delivered to Edgar P. Cowles his promissory note of that date in the principal sum of $200, payable on December 22, 1889, with interest at the rate of 10 per cent, per annum from maturity. To this note were attached 10 coupons aggregating $100, and payable at intervals of six months respectively. These coupons represented the interest on the principal note from its date until its maturity. To secure the payment of this indebtedness, Kennedy executed and delivered to Cowles a mortgage on 160…

2Cases cited3 opinions

  1. Ogden v. WaltersSupreme Court of Kansas · 1873
  2. Minick v. HuffNebraska Supreme Court · 1894
  3. Wolfe v. KableIndiana Supreme Court · 1886

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