Bahnsen v. Gilbert
Supreme Court of Minnesota
Appeal by defendant, J ohm Gilbert, from a judgment of the District Court of Polk County, Ira B. Mills, J., entered January 13, 1893. On January 29, 1889, defendant made his promissory note for $500 and interest at ten per cent, a year payable on December 1, 1889, to the order of plaintiff, Anna Bahnsen. He delivered it to her deceased husband for her and afterwards paid $232.85 thereon. She brought this action October 23,1891, on the note to recover the balance.
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Appeal by defendant, J ohm Gilbert, from a judgment of the District Court of Polk County, Ira B. Mills, J., entered January 13, 1893. On January 29, 1889, defendant made his promissory note for $500 and interest at ten per cent, a year payable on December 1, 1889, to the order of plaintiff, Anna Bahnsen. He delivered it to her deceased husband for her and afterwards paid $232.85 thereon. She brought this action October 23,1891, on the note to recover the balance. The defendant answered that on the date of the note he owed plaintiff’s husband, Doctor W. J. Bahnsen, $235 for medical services…
1Opinion of the CourtVaNderburgh, J.
The action is upon a promissory note executed to plaintiff by defendant, upon which a balance is claimed to be due.
The defendant alleges that the consideration of the note moved from the husband of the plaintiff, and that the face of the note, which bears interest at ten per cent., covers the sum of $35, not actually received by him but which was included in the amount thereof as a bonus or usurious charge for the use and forbearance of the sum loaned in addition to the ten per cent, rate of interest called for by the note.
The case was tried without a jury, and the court found generally “as…
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