Supreme Court of Dakota, 1888

Hodgdon v. Davis

Hodgdon v. Davis
Supreme Court of Dakota · Decided February 15, 1888
6 Dakota 21

Counsel

Boyce c& Boyce, for appellants., Coughrcm <& McMartin (.Bailey <& Davis of counsel), for respondent.

Hodgdon v. Davis

Cases that cite this one

3 later published cases cite this decision.

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

By the Court :

1. This was a contract by which the defendant, in effect, loaned the plaintiff $5,500 by assuming to pay a prior mortgage of $2,632.30 and paying the remainder to them in cash. The mere fact that he did not, and could not, immediately pay off the mortgage which bore a lower rate of interest, cannot be construed to make defendant’s contract usurious.

2. The sale at foreclosure by the deputy sheriff, while perhaps irregular in not using the name of his principal, was valid.

3. No further notice was necessary.

4. There was, under the terms of the mortgage, a breach of its conditions by a failure to pay interest as specified in the note.

The judgment is affirmed, all of the justices concurring.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.