Court : US Supreme Court
..... same, but would pay certain taxes, assessments, and charges, and interest then accrued, the whole amounting to ten thousand dollars, within sixty days from the first day of december, 1859, he would thereafter so accommodate and indulge them that they could carry on said contract, and to this end he would, until there should be a revival of trade and business in chicago, take the net income from the property over and above taxes and insurance in lieu of interest on the purchase money until such ..... 1860, paid said taxes, assessments, and other charges and accrued interest, the whole amounting to ten thousand dollars as aforesaid, in compliance with his said proposition, and thereafter were ready and willing and, from time to time offered to pay the vendor the net income from the premises after deducting the taxes and insurance as aforesaid; but he declined to abide by his said proposition, and thereafter continued to enforce the said contract of january 29, 1857, and all its provisions, with the most exacting ..... it will be seen from the facts in this case that the plaintiffs were in default on account of the nonpayment of the interest for more than a year, and also that the principal fell due a few days after the filing of the bill in chancery in the state court on account of this default in the payments. .....
Tag this Judgment!Court : US Supreme Court
..... . they paid towards the mortgage seventeen thousand six hundred and seventy-three dollars, exclusive of five hundred and seventy-six dollars and seventy-three cents for insurance premiums and for taxes, and erected the saw mill at the cost of thirty-two thousand dollars, and the record shows that the appellant foreclosed the mortgage, and, with two other persons, became the purchaser of the entire property and improvements, subject to the mortgage, for the sum of ..... in the first mortgage with all the conditions of that agreement, and within the time therein specified, is set up by the appellees and complainants, and they also allege that the mortgagors in the second mortgage subsequently sold and conveyed, by deed of warranty, all their interest in and to the said lots and mill, and that they, the complainants, afterwards became the purchasers of the same lots and mill, and they allege that at the time the suit was commenced, they ..... relief cannot be decreed to the complainants on the ground that the mortgagors in the principal mortgage built and completed a saw mill on the premises embraced in that mortgage of the dimensions specified in the written stipulation and agreement which is endorsed on the second mortgage, as the bill of complaint concedes that they did not, in terms, comply with that condition, and the complainants do not claim in argument that the saw mill which those parties built thereon was .....
Tag this Judgment!Court : US Supreme Court
..... pay for insurance or any notice to sell for nonpayment of interest or taxes. ..... and samuel ford, their heirs or assigns, to use and occupy the said described premises and the rents, issues, and profits thereof to take, have, and apply to and for their sole use and benefit until default be made in the payment of the principal sum of the debt hereinbefore mentioned, or of some installment of the annual interest ..... being made in the payment of the said principal sum, or of any interest due on the same, to sell at public auction, on such terms and after such notice as the said trustees or trustee shall deem proper, so much of the said property as they or he shall deem necessary to pay the sum due, and out of the proceeds, in the order following, to pay, 1st, the costs and expenses of said sale, including the usual trustee ..... at the time, but a bond was given for it due ten years after date, with interest payable annually, and to secure the payment of this sum and of the interest as it fell due the purchasers made a deed of trust, with the usual conditions, to ..... he neglected to attend to having the property insured or the taxes paid, as was his duty, and in this connection she charges that she had ..... where a trustee is charged with an active trust which gives him some discretionary power over the rights of the cestui que trust and which brings him into constant personal intercourse with the latter, it may be conceded that the mere existence of strong mutual ill feeling between the parties will .....
Tag this Judgment!Court : US Supreme Court
..... from taylor, absolute in form, was thereupon made, but upon the agreement that they would pay taylor's debt, retain the premises until the rents thereof should reimburse them, and then would reconvey the premises to howland; that from that time until the commencement of the present action against them they have been in possession, receiving the rents which greatly exceeded the mortgage debt, with interest, taxes, insurance, and repairs. ..... 626 that the evidence does not establish the alleged agreement, and that the complainant had no equity of redemption in the premises after the twenty-second day of may, 1860, when his interest in the same was sold by the sheriff of racine county to daniel p. ..... at the hearing upon the pleadings and proofs, the bill was dismissed, upon the ground that where a mortgage had been foreclosed by action, and the equity of redemption sold by a decree of the court, and an absolute title given by the proper officer to the purchaser at such sale, evidence to show that a parol agreement was made pending the litigation, by which the interest to be obtained under the sale should remain a mortgage interest only, was incompetent. ..... soon after the buildings were completed an agreement was made between the parties, which was carried out, that the possession of the property should be surrendered to taylor, who should enter into possession and receive the rents, until the net proceeds thereof should pay the principal and the interest of the mortgage. .....
Tag this Judgment!Court : US Supreme Court
..... to be entered declaring that the city exceeded its lawful powers in issuing the bonds, and that they cannot be enforced as its obligations, and providing for a sale of the remaining property, and for an account, wherein the city is to be credited with the sums it had in good faith paid for the acquisition, protection, preservation, and disposition of the property, and for insurance and taxes, and for interest on the bonds, and to be charged with what it had received, but not with any sum for ..... in an ordinance passed by the said city council the 22d day of april, 1873, whereby it is, among other things, provided that if the parties of the first part shall punctually pay the interest on the aforesaid sum of $20,000, and five percent of the principal for sixteen years, the said parties of the first part shall be released from any further payment, which said ordinance was authorized under a former ordinance, dated september 6, 1870, to both ..... owners of the bonds and coupons, and that the city account for and pay over to them the value of the chattels so lost or sold, and for such loss as has resulted by reason of such neglect of duty on the part of the city in the care of the property, and the rents and profits received by the city from the property, and that the city and the o'briens pay to the owners of the bonds any deficiency in the principal and interest thereof which may ..... no fund is provided or designated out of which the city is to pay the principal or interest of the bonds. .....
Tag this Judgment!Court : US Supreme Court
..... for the amount of the original decree, nor for the interest accruing thereon pending the appeal, nor for the balance due after applying the proceeds of the mortgaged premises, nor for the rents and profits or the use and detention of the property pending the appeal, but only for the costs of the appeal, and the deterioration or waste of the property, and perhaps burdens accruing upon it by nonpayment of taxes and loss by fire if it be not properly insured. ..... the defendants paid the taxes and insurance, and kept the property in repair. ..... party praying the same should enter into bond with sufficient security, in a penalty to be fixed by the court or judge, with condition to pay the amount of the recovery, and all costs and damages awarded, in case the judgment or sentence should be affirmed, and the damages were fixed at ten percent per annum upon the principal sum and costs recovered in the inferior court, and the same provisions were applied to appeals and writs of error to the court of appeals. ..... the principal question for consideration therefore is, whether the plaintiffs were entitled to recover the rents and profits, or damages for the use and detention, as it is otherwise called. ..... we have devoted so much space to a consideration of the principal question that we must dismiss the other point in a few words. ..... " the scope and effect of this phrase, as applied to cases like the present, are the principal point in controversy. .....
Tag this Judgment!Court : US Supreme Court
..... sum, with interest at the rate of nine percent per annum, payable semiannually in gold coin, he executed -- his wife joining him -- august 22, 1872, to that company, a mortgage upon the said premises, covenanting therein to pay the debt and interest; that the premises were clear of all encumbrances; that he would warrant and defend the same, suffering no impairment of the mortgage security, and that the mortgage should stand as security for any money paid for taxes or insurance. ..... 478 benjamin lombard negotiated with the united states mortgage company -- a corporation of the state of new york, having its principal office and place of business in the city of new york -- a loan of $50,000 in gold coin, to be used in the erection of buildings upon certain unimproved lots in the city of chicago of which he was the owner in fee. ..... on the 10th day of december, 1872, lombard sold and conveyed with warranty the whole of the mortgaged premises, together with the buildings which had been erected thereon with the money borrowed from the united states mortgage company, to the national life insurance company of chicago, of which he was president and a principal stockholder. ..... the principal questions in dispute between gross and the mortgage company were: 1. .....
Tag this Judgment!Court : US Supreme Court
..... that there is due at its date, from scammon to the plaintiff, on the bond and mortgage, $20,000 of principal and $13,093.32 of interest, as reported, and $1,404.44 for interest since the date of the report, and $3,275.42 for moneys paid for taxes and to redeem from tax sales, and $490.73 for interest thereon, as reported, and $287.51 for interest since the date of the report, being in all $38,551.42; that that sum is a valid and first lien on the estate of scammon, for his life, in the north two ..... the money lent on the mortgage, scammon erected a building on the north two-thirds of the lot, and thereafter collected for his own use the rents from it and paid the interest on the mortgage and the taxes and the fire insurance premiums. ..... father, with the money loaned, had erected a building on the part of the lot allotted to the daughters, and he thereafter collected for his own use the rents, and paid the interest do the mortgage, and the taxes, and the fire insurance premiums. ..... said party of the second part, its successors or assigns, shall hold each and all such policies of insurance so received, by assignment or otherwise, as collateral and additional security for said principal sum of money and interest, and shall have the right to collect and receive any and all money and sums of money that may at any time become collectible or receivable upon each, all, and every of such policies of insurance, and apply the same, when received, in the same manner, as far as possible, as is .....
Tag this Judgment!Court : US Supreme Court
..... 399 error to the circuit court of the united states for the district of nebraska syllabus a provision in a policy of fire insurance that if the interest of the assured in the property is "any other than the entire, unconditional, and sole ownership for the use and benefit of the assured," or is " encumbered by any lien, whether by deed of trust, mortgage or otherwise," it must be so represented in the policy does not, if it is stated that the property is encumbered, require a statement of the nature or amount of the ..... this was an action by hosford and gagnon on a policy of insurance dated may 14, 1883, by which the germania fire insurance company and the hanover fire insurance company, severally and not jointly, and as if by separate policies, insured the plaintiffs, against loss by fire for a year from that date, each one-half of the sum of $8,000, payable in sixty days after notice and proof of loss, upon their flour mill, elevator, and machinery in the town of rulo and nebraska, "special reference being had to ..... whether the fact that delinquent taxes on the mill, to the amount of $329.40, were due and unpaid at the time the application for insurance on the property destroyed was made, and that fact was not disclosed by the applicants to the insurers, will defeat the plaintiffs' right to recover." "3d. ..... " which is truly answered, "yes," and second, the particular one "if mortgaged, state the amount," in answer to which the assured states the principal sum due on the mortgage. .....
Tag this Judgment!Court : US Supreme Court
..... the bill waived an answer on oath and prayed for an account of the amount due to the plaintiff for principal and interest on the security of the lake zurich farm; that the defendants be decreed to pay that amount, the plaintiff offering to reconvey the premises to them on such payment, and that in default of such payment, the defendants be barred and foreclosed of all equity of redemption in and to such mortgaged premises. ..... ., in 1869, they paid the debt to the first national bank, partly from the proceeds arising from the conduct of the business and partly from money borrowed upon the la salle street lot, which was afterwards refunded to them by insurance money collected upon the building standing upon the lot, and which had been destroyed by fire; that they also paid to the other creditors of i ..... . willard fox having conclusively admitted that he owed at the time of said agreement the sum of seventy thousand dollars, as the court has found, the lot was fully paid for at that time, and to charge the complainant with the present value of the lot is to cause her to lose the interest on its value from that time to the present, as well as all taxes that she has paid ..... . for that the said master should not have found the present value of the lot without also having found the interest on its value since february, 1869, and the taxes thereon since paid by the complainant, and deducted the same from its present value .....
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