Avery v. Creigh
Supreme Court of Minnesota
Action of replevin for household furniture, brought in the municipal court of Minneapolis, by the mortgagee against the mortgagor, after default. Defence, that the mortgage was given to secure a usurious loan. The action was tried by the court, and judgment ordered and entered for plaintiff, from which the defendant appeals.
1Opinion of the CourtBerry, J.
Mrs. Avery, the plaintiff, made the loan of money involved in this ease through her general agent, who had full authority to act for her in the premises; and, by agreement between them, he was to receive no compensation from her for his services in loaning her money, but “was to make what he could out of it.” Hence whatever he did in exacting from a borrower any sum for his services to *457his principal in and about the loan must be taken to have been authorized and sanctioned by her, and, in contemplation of law, to have been her personal act; and while, as held in Acheson v. Chase, 28 Minn.…
2Cases cited1 opinion
- Acheson v. ChaseSupreme Court of Minnesota · 1881
3Cited by10 opinions
- Stein v. SwensenSupreme Court of Minnesota · 1891
- Lewis v. WilloughbySupreme Court of Minnesota · 1890
- Stein v. SwensenSupreme Court of Minnesota · 1890
- Franzen v. HammondWisconsin Supreme Court · 1908
- Hall v. MaudlinSupreme Court of Minnesota · 1894
5 more not listed; retrieve them via the Exa API.