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Full-Text Articles in Banking and Finance Law
Bills And Notes-Right To Indorsement After Transfer
Bills And Notes-Right To Indorsement After Transfer
Michigan Law Review
The payee assigned a note and mortgage to the plaintiff by separate paper. The plaintiff sued the payee under sec. 49, N. I. L. for indorsement and also for the balance due after foreclosing the mortgage. Held, the plaintiff was entitled to an unqualified indorsement and recovery in the absence of a contrary agreement. Parr v. Ft. Pierce Bank & Trust Co. (Fla. 1930) 130. So. 445.
Consideration In Mortgages, Clarence E. Barnes
Consideration In Mortgages, Clarence E. Barnes
Kentucky Law Journal
No abstract provided.
Reformation Of Instruments-Mistake Of Facts Underlying Intention
Reformation Of Instruments-Mistake Of Facts Underlying Intention
Michigan Law Review
A debtor determined to mortgage all his property for the benefit of several creditors. His son, commissioned to draw the instrument, was informed that a note to the plaintiff, indorsed by the debtor, would be taken care of by the party primarily liable. So he intentionally omitted the plaintiff's note from the mortgage executed to the other creditors. The note was never paid. After foreclosure of the mortgage, leaving no surplus, the plaintiff sought reformation of the mortgage so as to be included as mortgagee, claiming that the debtor's intention to secure all bank creditors was not executed through mistake …