Acheson v. Chase
Supreme Court of Minnesota
Plaintiffs brought this action in the district court for Nobles county, to restrain the threatened foreclosure by advertisment of a mortgage on lands in that county, made by them to the defendant on August 9, 1877, to secure a loan made at the same time by the defendant James Acheson. They also prayed that the mortgage, and the note given therewith as evidence of the debt, be. declared null and void.
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Plaintiffs brought this action in the district court for Nobles county, to restrain the threatened foreclosure by advertisment of a mortgage on lands in that county, made by them to the defendant on August 9, 1877, to secure a loan made at the same time by the defendant James Acheson. They also prayed that the mortgage, and the note given therewith as evidence of the debt, be. declared null and void. The action was tried before Dickinson, J., whose findings of fact are stated in the opinion, and who ordered judgment for the defendant, which was entered, and the plaintiffs appealed. cited Laws…
1Opinion of the Court
Berry, J.*
The defendant, who resided in New York, authorized Alley, who resided in this state, as his agent, and at his (Alley’s) discretion, to loan money at 12 per cent, interest, upon land securities to be taken in defendant’s name. Alley was to receive no compensation from the defendant for acting as agent, but the defendant was to receive his 12 per cent, net — no more, no less — and Alley was authorized to charge to and collect of the borrower a reasonable compensation for his services to his principal in making the loan, without any instructions or agreement as to the amount thereof.…
2Cases cited9 opinions
- Condit v. . BaldwinNew York Court of Appeals · 1860
- Thurston v. . CornellNew York Court of Appeals · 1868
- Rogers v. BuckinghamSupreme Court of Connecticut · 1865
- Smith v. WolfSupreme Court of Iowa · 1881
- Gokey v. KnappSupreme Court of Iowa · 1876
4 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Seebold v. EustermannSupreme Court of Minnesota · 1944
- Stein v. SwensenSupreme Court of Minnesota · 1891
- Landis v. SaxtonSupreme Court of Missouri · 1886
- Jordan v. HumphreySupreme Court of Minnesota · 1884
- Vahlberg v. KeatonSupreme Court of Arkansas · 1889
14 more not listed; retrieve them via the Exa API.