Legal Opinion

Doolittle v. Nurnberg

North Dakota Supreme Court

Decided April 29, 1914PublishedCited by 7 opinions

Appeal from District Court, Stutsman County, J. A. Coffey, J. Action in foreclosure. From a judgment in plaintiff’s favor, defendant appeals. This action should be dismissed because plaintiff had waived his right of election to declare the whole sum secured by the mortgage due, and to foreclose for same. Yan Vlissingen v. Lenz, 171 111. 162, 49 N. E. 423. The right to declare the whole sum due on account of partial default must be exercised with promptness.

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Appeal from District Court, Stutsman County, J. A. Coffey, J. Action in foreclosure. From a judgment in plaintiff’s favor, defendant appeals. This action should be dismissed because plaintiff had waived his right of election to declare the whole sum secured by the mortgage due, and to foreclose for same. Yan Vlissingen v. Lenz, 171 111. 162, 49 N. E. 423. The right to declare the whole sum due on account of partial default must be exercised with promptness. Such right may be lost by laches. 27 Cyc. 1533, note'62. The default contemplated in the mortgage may be waived by parol agreement; and…

1Opinion of the CourtFisk, J.

Action to foreclose a mortgage upon certain real property in the city of Jamestown. The mortgage was given to secure deferred payments on the purchase price of the property, which was sold by plaintiff to the defendant at the agreed price of $32,500, defendant paying $10,000 in cash at the time of his purchase, and giving four promissory notes, three for $5,000 each, and one for $7,500, payable in one, two, three, and four years respectively, which notes are dated April 1, 1910.

The complaint is in the usual form, and the amended answer upon *528which the case was tried contains a qualified…

2Cases cited5 opinions

  1. Brown v. McKayIllinois Supreme Court · 1894
  2. People ex rel. McBride v. AtchinsonNew York Supreme Court · 1910
  3. Haugen v. SkjervheimNorth Dakota Supreme Court · 1905
  4. Northwestern Mutual Life Insurance v. ButlerNebraska Supreme Court · 1898
  5. Hodgdon v. DavisSupreme Court Of The Territory Of Dakota · 1888

3Cited by7 opinions

  1. Robinson v. McWayneHawaii Supreme Court · 1940
  2. McCarty v. GoodsmanNorth Dakota Supreme Court · 1918
  3. Union Central Life Insurance v. KeithIdaho Supreme Court · 1937
  4. Advance-Rumely Thresher Co. v. JohnsonNorth Dakota Supreme Court · 1932
  5. Farmers Security Bank of Park River v. MartinNorth Dakota Supreme Court · 1915

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