Legal Opinion

Smith v. Parsons

Supreme Court of Minnesota

Decided December 18, 1893No. 8419PublishedCited by 36 opinions

Appeal by defendants, James S. Parsons and others, from an order of the District Court of Cottonwood County, P. E. Brown, J., made August 14,1893, denying their motion for a new trial. . The plaintiffs, John T. Smith and Jennie Smith his wife, made their promissory notes, ten for $1,000 each, and twenty for $500 each, all dated October 1, 1883, due five years thereafter, and bearing interest at the rate of seven per cent, a year payable semiannually.

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Appeal by defendants, James S. Parsons and others, from an order of the District Court of Cottonwood County, P. E. Brown, J., made August 14,1893, denying their motion for a new trial. . The plaintiffs, John T. Smith and Jennie Smith his wife, made their promissory notes, ten for $1,000 each, and twenty for $500 each, all dated October 1, 1883, due five years thereafter, and bearing interest at the rate of seven per cent, a year payable semiannually. They also made a mortgage on lands in Cottonwood, Jackson and Murray Counties, securing payment of the notes. They sent these notes and the…

1Opinion of the CourtGilpillan, C. J.

Action to enjoin the foreclosure under the power of a mortgage upon real estate alleged to have been usurious. Smith executed to Parsons thirty promissory notes, aggregating in amount $20,000, and he and wife executed a mortgage upon real estate situated in this state to secure the same, all dated October 1, 1883, and payable October 1, 1S88, with interest, payable semiannually, at the rate of seven per cent, per annum. The mortgage was duly recorded. The papers were executed, not upon a loan made at the time, but upon an application to Parsons for a loan; and they were forwarded from…

2Cases cited1 opinion

  1. Miller v. TiffanySupreme Court of the United States · 1864

3Cited by36 opinions

  1. Kronovet v. LipchinCourt of Appeals of Maryland · 1980
  2. Combined Insurance Co. of America v. BodeSupreme Court of Minnesota · 1956
  3. Seebold v. EustermannSupreme Court of Minnesota · 1944
  4. Andrews v. AndrewsSupreme Court of Minnesota · 1927
  5. Swedish-American National Bank v. First National BankSupreme Court of Minnesota · 1903

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