Gregory v. Marks
U.S. Circuit Court for the Northern District of Illnois
This case was submitted to the court upon an agreed statement of facts, which are, that on May 1, 1874, the defendant, Enoch Marks, borrowed of Ann Y. Boardman the sum of $12,500, for the term of five years, with interest at ten per cent, per annum, payable semiannually; that the said defendant, Enoch Marks, executed his promissory note for said debt, a copy of which is given in the stipulation, and certain interest coupons; that accompanying said principal note were ten…
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This case was submitted to the court upon an agreed statement of facts, which are, that on May 1, 1874, the defendant, Enoch Marks, borrowed of Ann Y. Boardman the sum of $12,500, for the term of five years, with interest at ten per cent, per annum, payable semiannually; that the said defendant, Enoch Marks, executed his promissory note for said debt, a copy of which is given in the stipulation, and certain interest coupons; that accompanying said principal note were ten interest coupons for the sum of $625, each payable, etc.; that the said defendant, Enoch Marks, and Margaret A. Marks, his…
1Opinion of the Court
BLODGETT, District Judge.
The only question in the case is whether the party can maintain a suit at law for this balance upon this note.
The note, on its face, is not yet due; but by the terms of the trust deed, the indebtedness secured by the note was to become wholly due and payable in ease of default in the payment of interest This stipulation is found in the trust deed, which was contemporaneous with the note, and must be deemed a part of the same contract with the note.
Something like a year ago I had a kindred question to this before me, and having in my mind a Missouri case which I had…
2Cases cited1 opinion
- Eubanks v. LeveridgeU.S. Circuit Court for the District of Oregon · 1877
3Cited by8 opinions
- San Antonio Real Estate Building & Loan Ass'n v. StewartTexas Supreme Court · 1901
- Durham v. RascoNew Mexico Supreme Court · 1924
- Wells v. SmithCourt of Appeals of Texas · 1940
- Low v. BlackfordCourt of Appeals for the Fourth Circuit · 1898
- Wilson v. KirchanWashington Supreme Court · 1927
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