Hollinshead v. John Stuart & Co.
North Dakota Supreme Court
Appeal from District Court, Barnes County; Glaspell, J. Action by Charles Hollinshead against the Globe Investment Company, defendant, to secure the satisfaction of a certain mortgage and for the statutory penalty. John Stuart & Company intervened. Plaintiff purchased the mortgaged premises from William Glass and as part of the purchase price assumed and agreed to pay the mortgage thereon given by his grantor to the Globe Investment Company.
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Appeal from District Court, Barnes County; Glaspell, J. Action by Charles Hollinshead against the Globe Investment Company, defendant, to secure the satisfaction of a certain mortgage and for the statutory penalty. John Stuart & Company intervened. Plaintiff purchased the mortgaged premises from William Glass and as part of the purchase price assumed and agreed to pay the mortgage thereon given by his grantor to the Globe Investment Company. Prior to the purchase of said property by plaintiff, the Globe Investment Company had assigned its mortgage to intervener and endorsed and delivered to…
1Opinion of the CourtCorliss, C. J.
The plaintiff, having once paid the mortgage upon his land, claims by this action a right to have the same discharged of record, and the note and mortgage surrendered to him. The fact of payment is undisputed. So is the fact that the payment was not made to the one who at the time thereof was the owner of the note and mortgage. Plaintiff therefore cannot justify the payment, as to the defendant, unless he can make out a case of estoppel as against such defendant. The note and mortgage were given by William Glass to the Globe Investment Company on the 21st of December, 1891. On the 14th of…
2Cases cited21 opinions
- Chicago Railway Equipment Co. v. Merchants' BankSupreme Court of the United States · 1890
- Trustees of Union College v. WheelerNew York Court of Appeals · 1874
- Merrill v. HurleySouth Dakota Supreme Court · 1895
- Wilson v. CampbellMichigan Supreme Court · 1896
- Van Keuren v. . CorkinsNew York Court of Appeals · 1876
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3Cited by36 opinions
- Chase v. Commerce Trust Co.Supreme Court of Oklahoma · 1923
- Marling v. NommensenWisconsin Supreme Court · 1906
- Loizeaux v. FremderWisconsin Supreme Court · 1904
- Citizens' Savings Bank of Columbus v. LandisSupreme Court of Oklahoma · 1913
- Home Credit Co. v. PrestonSuperior Court of Pennsylvania · 1930
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