Bolfing v. Schoener
Supreme Court of Minnesota
Action in the district court for Stearns county to set aside a real estate mortgage. The separate answer of Hagen-Berg Company alleged that the mortgage was given to secure certain advances paid Joseph Bolting to be used in his grain elevator business. The case was tried before Roeser, J., who made findings and dismissed the action as to the sheriff and ordered judgment in favor of plaintiff.
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Action in the district court for Stearns county to set aside a real estate mortgage. The separate answer of Hagen-Berg Company alleged that the mortgage was given to secure certain advances paid Joseph Bolting to be used in his grain elevator business. The case was tried before Roeser, J., who made findings and dismissed the action as to the sheriff and ordered judgment in favor of plaintiff. The motion of defendant corporation for amended findings was granted in part and denied in part. From an order denying its motion for a new trial, the HagenBerg Company appealed.
1Opinion of the Court
Tayror, C.
Action to cancel a real estate mortgage on the ground that it was given to secure an indebtedness incurred by gambling in wheat options. The court found that the indebtedness arose out of gambling transactions *426and ordered judgment canceling the mortgage. Defendant appealed from an order denying a new trial and contends that the evidence does not justify the finding.
Joseph Bolfing bought grain and operated a small elevator in the village of Cold 'Springs in Stearns county. Defendant is a grain commission merchant engaged in buying and selling grain on the Minneapolis Chamber of…
2Cited by7 opinions
- Reicks v. Farmers Commodities Corp.Supreme Court of Iowa · 1991
- Fraser v. Farmers Co-Operative Co.Supreme Court of Minnesota · 1926
- Whorley v. Patton-Kjose Company, Inc.Montana Supreme Court · 1931
- Banner Grain Co. v. Burr Farmers Elevator & Supply Co.Supreme Court of Minnesota · 1925
- Deterling v. GeibSupreme Court of Minnesota · 1934
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