Legal Opinion

Holmes v. State Bank

Supreme Court of Minnesota

Decided June 1, 1893PublishedCited by 5 opinions

Appeal by plaintiffs, George M. Holmes and Byron G. S g g, from a judgment of the District Court of St. Louis County, J. D. Ensign, J., entered September 30, 1892. Plaintiff Holmes on March 38,1889, made to John Gonska, his note .and a mortgage for $350, on the north half of southeast quarter, and lots three and four in section twenty-four (24,) T. Cl, R. 12, in St. Louis County. He received hut $300, and the securities were usurious.

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Appeal by plaintiffs, George M. Holmes and Byron G. S g g, from a judgment of the District Court of St. Louis County, J. D. Ensign, J., entered September 30, 1892. Plaintiff Holmes on March 38,1889, made to John Gonska, his note .and a mortgage for $350, on the north half of southeast quarter, and lots three and four in section twenty-four (24,) T. Cl, R. 12, in St. Louis County. He received hut $300, and the securities were usurious. Gonska foreclosed under the power in the mortgage and hid in the land December 6, 1890, for $450.38. Gonska on September 15, 18.91, sold and assigned his…

1Opinion of the CourtMitchell, J.

The court finds that in March, IS89, plaintiff Holmes executed to one Gonska a promissory note for $350, payable four months after date, with interest at 8 per cent, per- annum, and, to secure the same, executed a mortgage upon certain real property; that this note and mortgage were usurious; that in December, 1890, Gonska foreclosed the mortgage by advertisement, and bid in the property for $450, and received the usual sheriff’s certifipate, which was put on record; that in September, 1891, Gonska executed to defendant an assignment of this certificate, and a conveyance of his interest in…

2Cases cited3 opinions

  1. Jordan v. HumphreySupreme Court of Minnesota · 1884
  2. Jackson v. TravisSupreme Court of Minnesota · 1890
  3. Lindley v. CrombieSupreme Court of Minnesota · 1883

3Cited by5 opinions

  1. Kessel v. CohenWest Virginia Supreme Court · 1927
  2. Tuttle v. BoshartSupreme Court of Minnesota · 1903
  3. Gate City National Bank v. ThrallSupreme Court of Kansas · 1911
  4. Heitsch v. Minneapolis Threshing Mach. Co.North Dakota Supreme Court · 1914
  5. Kanevsky v. TaranSupreme Court of Minnesota · 1931

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