Smith v. Fletcher
Supreme Court of Minnesota
Action in the district court for Hennepin county to enjoin the foreclosure of a mortgage and obtain a decree that the same had been paid and satisfied. Defendant prayed for the foreclosure of the mortgage. The cause was tried before McGee, J., without a jury, who ordered judgment in favor of defendant for $400 and interest, and for a foreclosure of the mortgage. From an order denying a motion for a new trial, plaintiffs appealed.
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Action in the district court for Hennepin county to enjoin the foreclosure of a mortgage and obtain a decree that the same had been paid and satisfied. Defendant prayed for the foreclosure of the mortgage. The cause was tried before McGee, J., without a jury, who ordered judgment in favor of defendant for $400 and interest, and for a foreclosure of the mortgage. From an order denying a motion for a new trial, plaintiffs appealed. When the principal is informed of what has been done by the agent, if the principal disapprove he must dissent and give notice of it in a reasonable time, and if he…
1Opinion of the CourtMitchell, J.
This is still another of the “Kelley Cases.” The plaintiffs, on January 16,1896, paid to A. F. & L. E. Kelley the sum of $300, to apply on the principal of a note, secured by a mortgage, given by them to defendant. This was more than a year before the money became due, according to the terms of the mortgage as extended. Neither the note nor the mortgage were in the possession of the Kelleys, but were in the possession of the defendant, in Vermont, where they had always remained after they were transmitted to him, in 1889, soon after their execution.
The Kelleys never paid or accounted for the…
2Cited by11 opinions
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- McConnell v. DixonWyoming Supreme Court · 1951
- Miller v. Aetna Life InsuranceMontana Supreme Court · 1936
- Wilkins v. Waldo Lumber Co.Supreme Judicial Court of Maine · 1931
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