Lewis v. Willoughby
Supreme Court of Minnesota
Action brought in the district court for Steele county, to recover damages for the taking and conversion of certain horses, cattle, and farm machines. Trial, before Buchham, J., and verdict of $5,015.80 for plaintiff. The defendants appeal from an order refusing a new trial.
1Opinion of the CourtMitchell, J.
In their answer the defendants justified the taking and conversion complained of under a chattel mortgage executed by plaintiff to defendant Willoughby, and alleged facts authorizing them, under the “insecurity” clause in the mortgage, to take the property before the maturity of the debt secured. The plaintiff replied, denying the existence of any such facts, and alleging that the mortgage was usurious. Aside from the measure of damages or value of the property, the only issues on the trial wexe, first, whether the mortgage was usurious; and, if not, second, whether facts existed justifying…
2Cases cited7 opinions
- Stevens v. City of MinneapolisSupreme Court of Minnesota · 1889
- Lukens v. HazlettSupreme Court of Minnesota · 1887
- Jordan v. HumphreySupreme Court of Minnesota · 1884
- Acheson v. ChaseSupreme Court of Minnesota · 1881
- Avery v. CreighSupreme Court of Minnesota · 1886
2 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Hawkins v. SaubySupreme Court of Minnesota · 1892
- Meland v. YoungbergSupreme Court of Minnesota · 1914
- Adamson v. WigginsSupreme Court of Minnesota · 1891
- Farrington v. StuckyCourt of Appeals for the Eighth Circuit · 1908
- Stein v. SwensenSupreme Court of Minnesota · 1890
11 more not listed; retrieve them via the Exa API.