Legal Opinion

Jordan v. Humphrey

Supreme Court of Minnesota

Decided December 8, 1884PublishedCited by 9 opinions

Appeal by defendant from an order of the district court for Scott county, Macdonald, J., presiding, denying his motion for judgment.

1Opinion of the CourtBerry, J.

This action was here at October term, 1883, upon defendant’s appeal from a judgment. 31 Minn. 495. The defendant’s answer, in the return upon the appeal, set up (1) usury in avoidance of the note, mortgage, and foreclosure involved in the action and (2) that the plaintiff, who was a purchaser and assignee of the certificate of foreclosure sale, had notice of the usury at the time of his purchase.

The issues as to usury were submitted to a jury, which found the usury charged. The issue as to notice to the plaintiff was tried by the court, which found in plaintiff’s favor. The finding of the…

2Cases cited3 opinions

  1. West v. BrashearSupreme Court of the United States · 1840
  2. Jordan v. HumphreySupreme Court of Minnesota · 1884
  3. Miner v. MedburyWisconsin Supreme Court · 1859

3Cited by9 opinions

  1. Kurtz v. St. Paul & Duluth RailroadSupreme Court of Minnesota · 1896
  2. National Investment Co. v. National Savings, Loan & Building Ass'nSupreme Court of Minnesota · 1892
  3. Gerdtzen v. CockrellSupreme Court of Minnesota · 1893
  4. State ex rel. Broderick v. District CourtSupreme Court of Minnesota · 1903
  5. Backus v. BurkeSupreme Court of Minnesota · 1892

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