Legal Opinion

Simpson v. Evans

Supreme Court of Minnesota

Decided November 1, 1890PublishedCited by 6 opinions

Appeal by plaintiff from an order of the district court for Olmsted county, Start, J., presiding, refusing, a new trial after trial by the court, and decision made finding the amount due on the notes and mortgage in suit to be $1,890.66, and ordering judgment of foreclosure and sale.

1Opinion of the CourtGilfillan, C. J.

Action to foreclose a mortgage against r.eal estate. The facts, as found by the court below, are, substantially, that November 20, 1866, plaintiff loaned defendant $1,000, to secure the payment of which defendant executed to plaintiff his two promissory notes in the aggregate for $1,066, due in one year, with interest at the rate of 12 percent, per annum till paid,' and executed a mortgage upon the real estate. Of the $1,066, $6 was for necessary expenses; $60 was a mere bonus, and as interest in excess of the 12 per cent. To the extent of the $60, the notes and mortgage were usurious. July…

2Cases cited1 opinion

  1. Daniels v. WilsonSupreme Court of Minnesota · 1875

3Cited by6 opinions

  1. Fanning v. MurphyWisconsin Supreme Court · 1906
  2. Maker v. TaftSupreme Court of Oklahoma · 1914
  3. First State Bank v. SchatzSupreme Court of Minnesota · 1908
  4. Lahn v. KoepSupreme Court of Iowa · 1908
  5. Sime v. LewisSupreme Court of Minnesota · 1910

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