Nutting v. McCutcheon
Supreme Court of Minnesota
APPEAL EROM THE DISTRICT OOURT OE RIGE COUNTT. Points and Authorities of Appellant. First. — IVIoney obtained by oppression and by taking advantage of tbe distress of others, in violation of laws made for their protection, may be recovered back in an action for money liad and received, and a fortiori a party is entitled to relief in equity from such unconscionable payments or contracts. The maxim “ Potior est conditio defendentis” has no application.
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APPEAL EROM THE DISTRICT OOURT OE RIGE COUNTT. Points and Authorities of Appellant. First. — IVIoney obtained by oppression and by taking advantage of tbe distress of others, in violation of laws made for their protection, may be recovered back in an action for money liad and received, and a fortiori a party is entitled to relief in equity from such unconscionable payments or contracts. The maxim “ Potior est conditio defendentis” has no application. In cases of this character the parties are not “inpari delicto,” and the injured party shall recover. Willard’s Eq. Jur, 224; 1 Story’s Eq.…
1Opinion of the Court
By the Court
PlaNdbau, J.
This case presents rather a new feature under the interest law of the State. The Defendant Nutting had given his note to the Plaintiff for the sum of one thousand dollars, with interest at the rate of two and one-half per cent, per month, and had secured the payment of the same by a mortgage upon real estate executed by himself and his wife. "When the note fell due the Defendant did not wish to pay it, but requested the privilege of retaining the money longer, which was granted by the Plaintiff upon the consideration that he should pay interest upon the same quarterly…
2Cases cited2 opinions
- Schroeppel v. CorningNew York Supreme Court · 1848
- Bidwell v. WhitneySupreme Court of Minnesota · 1860
3Cited by3 opinions
- Martin v. LennonSupreme Court of Minnesota · 1872
- Koewing v. Town of West OrangeSupreme Court of New Jersey · 1916
- Wilhite v. SkeltonCourt Of Appeals Of Indian Territory · 1904