Brewer v. Penn Mut. Life Ins.
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the District of Colorado. . Tlie Penn Mutual Life Insurance Company, the defendant in error, brought a suit against, Benn Brewer, the plaintiff in error, to recover a balance due on a note for $20,000, which remained unpaid after certain foreclosure proceedings had been taken under a deed of trust which was given to secure the payment of the note.
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In Error to the Circuit Court of the United States for the District of Colorado. . Tlie Penn Mutual Life Insurance Company, the defendant in error, brought a suit against, Benn Brewer, the plaintiff in error, to recover a balance due on a note for $20,000, which remained unpaid after certain foreclosure proceedings had been taken under a deed of trust which was given to secure the payment of the note. The note and deed of trust were executed on .'January 23, 1890, and the note was made payable in five years, with interest at the rate of 6% per cent., which was payable half-yearly until the…
1Opinion of the CourtThayee, Circuit Judge
By the terms of the principal noté, the defendant below promised to pay “interest at six and one-half per cent, per annum from maturity until paid,” the same to be paid half-yearly. The deed of trust contained a provision, above quoted, that, if the defendant failed to perform any agreement “in said notes contained,” the principal sum named in the note and all arrears of interest “may be collected at any time after ten days’ notice”; and the extension agreement of May 28, 1895, continued these stipulations in force by providing “that nothing herein shall in any wise or manner interfere with…
2Cases cited5 opinions
- Owings v. McKenzieSupreme Court of Missouri · 1896
- Noell v. GainesSupreme Court of Missouri · 1878
- White v. MillerSupreme Court of Minnesota · 1893
- Wheeler & Wilson Manuf'g Co. v. HowardU.S. Circuit Court for the District of Eastern Missouri · 1886
- Chambers v. MarksSupreme Court of Alabama · 1890
3Cited by13 opinions
- Keene Five Cent Sav. Bank v. ReidCourt of Appeals for the Eighth Circuit · 1903
- Baird v. MeyerNorth Dakota Supreme Court · 1927
- In Re Mill City Plastics, Inc.District Court, D. Minnesota · 1955
- Durham v. RascoNew Mexico Supreme Court · 1924
- Schatzkis v. Rosenwald & WeilAppellate Court of Illinois · 1932
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