Adamson v. Sundby
Supreme Court of Minnesota
Appeal by plaintiff, Charles E. Adamson, from a judgment of the Municipal Court of the City of Minneapolis, Elliott, J., entered June ■3, 1892. On October 12, 1889, the defendant N. O. Sundby was owing plaintiff $185, and interest.
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Appeal by plaintiff, Charles E. Adamson, from a judgment of the Municipal Court of the City of Minneapolis, Elliott, J., entered June ■3, 1892. On October 12, 1889, the defendant N. O. Sundby was owing plaintiff $185, and interest. To obtain further extension of the time of payment Sundby on that day at plaintiff’s request gave him a new note for $271.75, due in thirty days thereafter, and secured its payment by a mortgage to plaintiff on five horses, two buggies, three sleighs, one set of double harness and two single harnesses. The note and mortgage were in fact void for usury. W. H.…
1Opinion of the CourtMitchell, J.
This appeal illustrates how a simple case can be complicated by careless practice. The action was one in replevin *463¡against all five defendants, the complaint alleging that the plaintiff •was the owner and entitled to the possession of certain described articles of personal property, and that the same was wrongfully detained from him “by defendants.” It appears from the return of the officer on the writ that defendant Dickson gave a bond for the iredelivery to him of all the property except the span of horses hereinafter referred to, claimed by Nelson & Hover.
Defendant Sundby interposed a…
2Cases cited3 opinions
- Schleuder v. CoreySupreme Court of Minnesota · 1883
- Stevens v. McMillinSupreme Court of Minnesota · 1887
- Thompson v. ScheidSupreme Court of Minnesota · 1888
3Cited by9 opinions
- Banks v. Pennsylvania RailroadSupreme Court of Minnesota · 1910
- Morehart v. FurleySupreme Court of Minnesota · 1922
- Tilleny v. WolvertonSupreme Court of Minnesota · 1893
- In Re Estate of FirleSupreme Court of Minnesota · 1934
- Bilsborrow v. PierceSupreme Court of Minnesota · 1910
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