Legal Opinion

Wells v. Moses

Supreme Court of Minnesota

Decided November 21, 1902No. Nos. 13,183-(105)PublishedCited by 12 opinions

Action in the district court for Grant county to recover $140, and interest, upon a promissory note. The case was tried before Flaherty, J., and a jury, which rendered a verdict in favor of defendant. Rrom an order denying a motion for judgment notwithstanding the verdict or for a new trial, plaintiffs appealed.

1Opinion of the Court

START, O. J.

Action to recover upon a promissory note for $140. The answer admitted the execution of the note, but alleged, in effect, that it was without consideration, and was given as a payment for interest upon a promissory note of $700, which was usurious. The principal question litigated on the trial was whether the note sued on was given as a part of a usurious transaction, and the trial court instructed the jury that, if such were the case, the defendant was entitled to a verdict. The jury returned a verdict for the defendant, and the plaintiffs appealed from an order denying their…

2Cases cited2 opinions

  1. Belyea v. Minneapolis, St. Paul & Sault Sainte Marie Railway Co.Supreme Court of Minnesota · 1895
  2. Riley v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1898

3Cited by12 opinions

  1. Hammel v. FeighSupreme Court of Minnesota · 1919
  2. People v. KolowichMichigan Supreme Court · 1933
  3. Smith v. Great Northern Railway Co.Supreme Court of Minnesota · 1916
  4. State v. YatesSupreme Court of Minnesota · 1906
  5. Reese v. Ross & Ross Auctioneers, Inc.Supreme Court of Minnesota · 1967

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