Budd v. Broen
Supreme Court of Minnesota
Action in the district court for Otter Tail county to foreclose a mortgage to secure the payment of $200. The defendants pleaded payment and prayed that the mortgage be discharged and satisfied of record. The cause was tried before Baxter, J., without a jury, who ordered judgment in favor of defendants. From an order denying a motion for a new trial, plaintiff appealed.
1Opinion of the Court
START, O. J.
The defendant Tollef E. Broen, on April 11, 1891, made his note for $200, due in five years, with annual interest according to coupons attached, to Cecil H. C. Howard, and gave to him a real-estate mortgage to secure its payment. This note and mortgage were assigned to the plaintiff, and she brought this action to foreclose the mortgage.
The defense was payment in full of the mortgage debt. The trial court found that the defendant paid the note and mortgage on or about April 11,1896, to A. F. & L. E. Kelley, who were then the general agents of the plaintiff for the collection…
2Cases cited3 opinions
- Hare v. BaileySupreme Court of Minnesota · 1898
- Trull v. HammondSupreme Court of Minnesota · 1898
- General Convention of Congregational Ministers & Churches v. TorkelsonSupreme Court of Minnesota · 1898
3Cited by10 opinions
- East Hampton Bank & Trust Co. v. CollinsMassachusetts Supreme Judicial Court · 1934
- Ulen v. KnecttleWyoming Supreme Court · 1936
- Zazzaro v. Universal Motors, Inc.Supreme Court of Connecticut · 1938
- Jackson v. Mutual Benefit Life InsuranceSupreme Court of Minnesota · 1900
- White v. MadiganSupreme Court of Minnesota · 1899
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