Martin v. Lennon
Supreme Court of Minnesota
In the year 1855, the defendant conveyed to the plaintiff certain lands in Hennepin county by warranty deed, absolute in form but intended as a security for a loan then made, and further loans: to be made, by plaintiff to defendant. For the loans then and subsequently made the defendant gave to the plaintiff his promissory notes bearing various rates of interest, but all providing for interest after maturity at upwards of two per ce“nt. per month.
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In the year 1855, the defendant conveyed to the plaintiff certain lands in Hennepin county by warranty deed, absolute in form but intended as a security for a loan then made, and further loans: to be made, by plaintiff to defendant. For the loans then and subsequently made the defendant gave to the plaintiff his promissory notes bearing various rates of interest, but all providing for interest after maturity at upwards of two per ce“nt. per month. On the first February, 1858, an accounting and settlement was had between the parties. The amount due on defendant’s notes, all of which were long…
1Opinion of the Court
By the Court.
Ripley, Ch. J.
With respect to the principal point raised on this appeal the case is briefly this : The defendant being indebted to the plaintiff upon sundry notes of hand, all drawing interest at moré than seven per cent, per annum after due, upon a settlement and accounting together in respect of the indebtedness of defendant to plaintiff, on the 1st February, 1858, computed the amount' of principal and interest then due upon said notes, which were all over due, with the sum of $275.79 and interest therefor paid by plaintiff for defendant, at the sum of $8,215. In arriving at…
2Cases cited10 opinions
- Tebbetts & Pearce v. DowdNew York Supreme Court · 1840
- Mason v. Callender, Flint, & Co.Supreme Court of Minnesota · 1858
- Bidwell v. WhitneySupreme Court of Minnesota · 1860
- Talcott v. MarstonSupreme Court of Minnesota · 1859
- Whittacre v. FullerSupreme Court of Minnesota · 1861
5 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Seiz v. Citizens Pure Ice Co.Supreme Court of Minnesota · 1940
- State ex rel. Patterson v. BatesSupreme Court of Minnesota · 1905
- State ex rel. Young v. BrillSupreme Court of Minnesota · 1907
- Cooke v. IversonSupreme Court of Minnesota · 1909
- Berman v. Minnesota State Agricultural SocietySupreme Court of Minnesota · 1904
16 more not listed; retrieve them via the Exa API.