Dart v. Minnesota Loan & Trust Co.
Supreme Court of Minnesota
Action in the district court for Meeker county to restrain the foreclosure of a mortgage. The case was tried before Power, J., and a jury, which returned a special verdict, and judgment was ordered in favor of plaintiff against defendant loan and trust company, for $1,400, and interest. From an order denying a new trial, defendant trust company appealed.
1Opinion of the CourtStart, C. J.
This action, so far as it affects the appellant, the Minnesota Loan & Trust Company, is for the recovery of $1,400 and interest, being the amount of a mortgage made by Ole Olson and wife on his farm to the trust company on July 1, 1889, on the ground that there was no consideration therefor.' The mortgagor, Ole Olson, executed the mortgage to the trust company to secure a loan to him of $1,400, which it agreed to make. It accepted the mortgage, and thereafter *427sold and assigned it for value to its codefendant, the Westerly Savings Bank. The mortgagor claimed that the trust company never paid…
2Cases cited5 opinions
- Follansbee v. JohnsonSupreme Court of Minnesota · 1881
- McCall v. BushnellSupreme Court of Minnesota · 1889
- Larson v. Lombard Investment Co.Supreme Court of Minnesota · 1892
- Minneapolis, St. Paul & Sault Ste. Marie Railway Co. v. ChisholmSupreme Court of Minnesota · 1893
- Oxford v. Nichols & Shepherd Co.Supreme Court of Minnesota · 1894
3Cited by3 opinions
- Schmeisser v. AlbinsonSupreme Court of Minnesota · 1912
- Rosenberg v. NelsonSupreme Court of Minnesota · 1920
- Sooner v. GoetzeSupreme Court of Minnesota · 1929