Wilson v. Pickering

Citation28 Mont. 435
PartiesWILSON v. PICKERING et al.
Decision Date22 June 1903
CourtUnited States State Supreme Court of Montana

28 Mont. 435

WILSON
v.
PICKERING et al.

Supreme Court of Montana.

June 22, 1903.


Commissioners' Opinion. Appeal from District Court, Broadwater County; F. K. Armstrong, Judge.

Action by E. T. Wilson, as receiver of the First National Bank of Helena, against John G. Pickering and others. From a judgment granting insufficient relief, plaintiff appeals. Reversed.

This case was tried on an agreed statement of facts, from which it appears that on December 11, 1885, defendant John G. Pickering executed and delivered to the First National Bank of Helena his promissory note for the sum of $9,902.06, due six months after date, with interest at the rate of 1 1/4 per cent. per month after maturity until paid. At the same time the defendant John G. Pickering and Hannah Pickering, his wife, executed and delivered to the bank their certain mortgage on the real estate therein described as “additional security to secure the payment of $3,000” of this note. On December 20, 1886, defendant John G. Pickering executed and delivered to said bank his promissory note for the sum of $10,068.59, due in one year, with interest at the rate of 1 1/4 per cent. per month from date until paid. On January 20, 1888, defendant John G. Pickering executed and delivered to said bank his promissory note for the sum of $1,510.20, due in one year, with interest at the rate of 1 1/4 per cent. per month after maturity until paid. At the date of the last–named note the defendants Pickering (and his wife) executed to the bank a mortgage on certain other real estate, conditioned for the payment of the last two named notes. At the time this last mortgage was executed, defendants were asked by the bank to execute a new mortgage covering the property described in the first mortgage to secure the $3,000 included in the renewal indebtedness. This the defendants declined to do, and the defendant John G. Pickering then told the bank to commence foreclosure proceedings on the mortgage executed December 11, 1885. On February 8, 1890, the defendant John G. Pickering, without the knowledge or consent of the defendant Hannah Pickering, executed and delivered to the bank his promissory note for the sum of $13,509,58, due one year after date, with interest at the rate of 1 per cent. per month after date until paid. Subsequently, and on the 12th day of April, 1895, one T. H. Kleinschmidt and Mary M. Kleinschmidt, his wife, “with the consent and by and under the direction of the said John G. Pickering, and for the further and additional security for the payment of the last–named note, executed and delivered to the bank” a deed to certain real estate, the title to...

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14 cases
  • Steward v. Nelson, 6083
    • United States
    • United States State Supreme Court of Idaho
    • May 17, 1934
    ...... to the debt by other appropriate means is not enough. In a. similar situation the supreme court of Montana in Wilson. v. Pickering, 28 Mont. 435, 72 P. 821, said:. . . "Counsel. for respondent contends that the provisions of section 3842. of the Civil ......
  • Barth v. Ely
    • United States
    • United States State Supreme Court of Montana
    • June 21, 1929
    ......Codes 1921; Gallatin County v. Beattie, 3 Mont. 173;Wilson v. Pickering, 28 Mont. 435, 72 P. 821;Davidson v. Wampler, 29 Mont. 61, 74 P. 82;Cornish v. Woolverton, 32 Mont. 456, 81 P. 4, 108 Am. St. Rep. ......
  • Latson v. Mccollom, Case Number: 30461
    • United States
    • Supreme Court of Oklahoma
    • February 2, 1943
    ......Wilson" v. Pickering, 28 Mont. 435, 72 P. 821. The principal obligation being kept alive by payments, or otherwise, the lien of the mortgage would continue.\"\xC2"......
  • Barth v. Ely
    • United States
    • United States State Supreme Court of Montana
    • June 21, 1929
    ...... the payment of a debt or the performance of an act (sections. 8246 and 8251, Rev. Codes 1921; Gallatin County v. Beattie, 3 Mont. 173; Wilson v. Pickering, 28. Mont. 435, 72 P. 821; Davidson v. Wampler, 29 Mont. 61, 74 P. 82; Cornish v. Woolverton, 32 Mont. 456,. 81 P. 4, 108 Am. ......
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