Moore v. Penney
Supreme Court of Minnesota
Action in the district court for Hennepin county to recover $3,35( upon certain promissory notes. The answer alleged that the notes anc the mortgages securing them were void because of usury and demandec that the notes be canceled. The ease was tried before Dickinson, J., anc a jury which returned a verdict for $2,783.65. From an order granting defendants’ motion for a new trial, plaintiff appealed.
1Opinion of the Court
Taylor, C.
Defendant owned a tract of land in Hennepin county on which he had given a first mortgage of $1,600, a second mortgage of $2,650, and a third mortgage of $700. He had also given promissory notes to evidence the debts secured by the several mortgages. The first mortgage wasfforeclosed. Plaintiff held the second and third mortgages. As a creditor holding the second mortgage, plaintiff redeemed from the foreclosure sale. As a creditor holding the third mortgage, he redeemed from the redemption made by himself under the second mortgage.
Thereafter he brought this suit on the notes…
2Cases cited9 opinions
- Tinkcom v. LewisSupreme Court of Minnesota · 1874
- Pamperin v. ScanlanSupreme Court of Minnesota · 1881
- Bartleson v. MunsonSupreme Court of Minnesota · 1908
- Buchanan v. ReidSupreme Court of Minnesota · 1890
- Parke v. HushSupreme Court of Minnesota · 1882
4 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Rambeck v. La BreeSupreme Court of Minnesota · 1923
- Graybow-Daniels Co. v. PinottiSupreme Court of Minnesota · 1977
- In Re the Brainerd National BankSupreme Court of Minnesota · 1986
- Nichols v. L & O, INC.Supreme Court of Minnesota · 1972
- Page v. City of DuluthCourt of Appeals for the Eighth Circuit · 1991
8 more not listed; retrieve them via the Exa API.