Moore v. Norman
Supreme Court of Minnesota
Action brought in the district court for Jackson county, to recover possession of certain described cattle of the value of $230, claimed by plaintiff as purchaser at sales on two chattel mortgages executed to him by defendant. Defence, usury in one of the mortgages, and tender, before sale, of the amount due on both' mortgages.
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Action brought in the district court for Jackson county, to recover possession of certain described cattle of the value of $230, claimed by plaintiff as purchaser at sales on two chattel mortgages executed to him by defendant. Defence, usury in one of the mortgages, and tender, before sale, of the amount due on both' mortgages. At the trial, beforé Perkins, J., the plaintiff had a verdict for recovery of all the cattle except three calves, which the jury found the defendant was entitled to. A new trial was refused, and the defendant appealed.
1Opinion of the CourtCollins, J.
Action of claim and delivery, brought by a mortgagee against a mortgagor, to recover possession of certain domestic animals. Mortgages had been given upon distinct property to secure separate notes. By the verdict of the jury the animals described in one of these mortgages were awarded to plaintiff, while those covered by the other were held to belong to defendant. Under the charge of the court, this conclusion must have been reached by determining that one of the notes was tainted with usury, and hence the mortgage securing it invalid, while the other was not. By this charge there was…
2Cases cited14 opinions
- Kortright v. . CadyNew York Court of Appeals · 1860
- Tuthill v. . MorrisNew York Court of Appeals · 1880
- Noyes v. . WyckoffNew York Court of Appeals · 1889
- Ocean National Bank of N.Y. v. . FantNew York Court of Appeals · 1872
- Flanders v. ChamberlainMichigan Supreme Court · 1872
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3Cited by22 opinions
- Hamilton v. HamiltonMontana Supreme Court · 1916
- Land O' Lakes Dairy Co. v. County of WadenaSupreme Court of Minnesota · 1949
- Leet v. ArmbrusterCalifornia Supreme Court · 1904
- Lilienthal v. McCormickCourt of Appeals for the Ninth Circuit · 1902
- Smith-Wogan Hardware & Imp. Co. v. BiceSupreme Court of Oklahoma · 1912
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