by John Marshall Harlan, Moline Plow Company v. Webb — Opinion of the Court
“ In determining whether the payee or the holder of the notes was compelled to treat them as due and collectible upon such default, we are to look at the deed of trust, and treat it and the notes as one instrument, or as contemporaneous agreements relating to the same subject-matter. ”
by John Marshall Harlan, Moline Plow Company v. Webb — Opinion of the Court
“ When suit is left to the option of the creditor, and he fails to bring his action for the whole debt upon the non-payment of one installment, the debtor may possibly be authorized to construe this as an exercise of option in favor of postponing the maturity of the unpaid installments. He may be justified in supposing that, if he had incurred a forfeiture, the creditor had elected not to take any advantage of it, and may be chargeable with knowledge that limitation would be computed accordingly. ”
by John Marshall Harlan, Moline Plow Company v. Webb — Opinion of the Court
“ The judgment is reversed, and the cause remanded, with directions to grant a new trial, and for further proceedings consistent with this opinion.Mr. Justice BREWER concurs in the judgment. Mr. Justice GRAY did not take part in the decision of the case. ”
