Hobe v. Swift
Supreme Court of Minnesota
Appeal by plaintiff, Thorald 0. Hobe, from a judgment of the District Court of St. Louis County, Charles L. Lewis, J., entered December 16,1893, against Mm for costs. He owned lots four, five and six in block eleven in West Park Division of Duluth and on December 13, 1890, mortgaged them to> Charles A. Britts to secure the payment of $1,200 and interest at eight per cent a year.
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Appeal by plaintiff, Thorald 0. Hobe, from a judgment of the District Court of St. Louis County, Charles L. Lewis, J., entered December 16,1893, against Mm for costs. He owned lots four, five and six in block eleven in West Park Division of Duluth and on December 13, 1890, mortgaged them to> Charles A. Britts to secure the payment of $1,200 and interest at eight per cent a year. Britts assigned the debt and mortgage April 27, 1891, to defendant, Rodney B. Swift and he on April 23, 1892, foreclosed by sale under a power in the mortgage and bid in the three lots for $1,436.40. On April 22,…
1Opinion of the CourtCanty, J.
The plaintiff, the mortgagor, brought this action against the defendant, the assignee of the mortgage, to recover, under the statute, three times the amount of the excess of costs and disbursements alleged to have been charged for maMng a statutory foreclosure, over and above the sum actually incurred and paid therefor.
The complaint alleges that $107.75 was so charged, and that such costs and disbursements did not exceed $28, and that the excess so charged has been retained by defendant.
The answer admits the execution of the mortgage, its record, assignment, and foreclosure, and that, at the…
2Cases cited2 opinions
- Cobbey v. BurksNebraska Supreme Court · 1881
- Bagley v. SternbergSupreme Court of Minnesota · 1886
3Cited by4 opinions
- Joyce v. Great Northern Railway Co.Supreme Court of Minnesota · 1907
- Price v. DenisonSupreme Court of Minnesota · 1905
- Morse v. Home Savings & Loan Ass'nSupreme Court of Minnesota · 1895
- Tran v. Richfield Bank & Trust Co.Court of Appeals of Minnesota · 1989