Legal Opinion

Macdonald v. O'Shea

Washington Supreme Court

Decided April 28, 1910No. 8371PublishedCited by 10 opinions

Appeal from a judgment of the superior court for Spokane county, Poindexter, J., entered March 20, 1909, upon findings in favor of the plaintiffs, after a trial on the merits before the court without a jury, in an action to foreclose an indemnity mortgage.

1Opinion of the CourtParker, J.

This is an action to foreclose an indemnity mortgage. A trial resulted in findings and judgment in favor of the plaintiffs, and certain of the defendants have appealed.

The material facts are, in substance, as follows: The National Surety Company is a corporation authorized to transact the business of surety in this state. On April 27, 1905, John J. Walsh executed and delivered to E. C. Macdonald, as trustee for the National Surety Company, a mortgage upon real property in Spokane, which mortgage by its terms was given to secure the sum of $3,500. This mortgage was intended to indemnify the…

2Cases cited7 opinions

  1. Janin v. BrowneCalifornia Supreme Court · 1881
  2. Mendenhall v. DavisWashington Supreme Court · 1909
  3. Scammon v. WardWashington Supreme Court · 1890
  4. Bambrick v. Webster Groves Presbyterian Church Ass'nMissouri Court of Appeals · 1893
  5. Kadish v. LyonIllinois Supreme Court · 1907

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3Cited by10 opinions

  1. In Re the Estate of BurkeCalifornia Supreme Court · 1926
  2. Hartford Accident & Indemnity Co. v. W. & J. Knox Net & Twine Co.Court of Appeals of Maryland · 1926
  3. Shea v. GravesOregon Supreme Court · 1933
  4. Spurr, Ex'x v. Pryor StokesSupreme Court of Oklahoma · 1924
  5. United Statesi Ins. Servs. Nat'l, Inc. v. OgdenDistrict Court, W.D. Washington · 2019

5 more not listed; retrieve them via the Exa API.

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