Frisbee v. Poole

Minnesota Supreme Court
Frisbee v. Poole, 32 Minn. 411 (Minn. 1884)
21 N.W. 470; 1884 Minn. LEXIS 183

Frisbee v. Poole

Opinion of the Court

By the Court.

The terms of the mortgage are as follows: “This-mortgage is given as collateral security to the payment of certain, book-accounts, according to the terms of a certain contract bearing even date herewith, executed by the parties of the second part.” There is-nothing on the face of the mortgage itself showing that it was to secure future advances. The court, upon a substantial conflict of evidence on that point, finds as a fact that the contract referred to in the mortgage (which had been lost) did not provide for future advances-to the mortgagor. This is conclusive that the mortgage does not se*412•cure future advances. It is therefore unnecessary to consider any other questions.

Order affirmed.

Reference

Full Case Name
F. W. Frisbee and another v. Horace Poole and others
Status
Published