Widell v. National Citizens Bank
Supreme Court of Minnesota
Action in the district court for Nicollet county against National Citizens Bank of Mankato, William G. Hoerr and Carlos Boynton tO' cancel five promissory notes and a real estate mortgage securing them,, given by plaintiffs to defendant Hoerr and by him transferred to defendant Boynton, on the ground that the notes were usurious.
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Action in the district court for Nicollet county against National Citizens Bank of Mankato, William G. Hoerr and Carlos Boynton tO' cancel five promissory notes and a real estate mortgage securing them,, given by plaintiffs to defendant Hoerr and by him transferred to defendant Boynton, on the ground that the notes were usurious. In his answer to the complaint defendant Boynton set up that Hoerr, representing himself as such, was the agent of plaintiffs in making the sale of the notes and mortgage, that the answering defendant was a purchaser of them for value before maturity in good faith,…
1Opinion of the CourtStart, C. J.
This action was brought in the district court of the county of Nicollet to cancel five promissory notes and a mortgage on the lands of the plaintiff securing their payment, on the ground that the notes and mortgage were usurious and void. The cause was tried by the court without a jury, and findings of fact made in favor of the plaintiffs, and judgment directed canceling the notes and mortgages as usurious and void. The defendants Hoerr and Boynton appealed from an order denying their motion for a new trial.
The trial court made findings of fact and conclusions of law to the effect following:
Th…
2Cases cited5 opinions
- Williams v. . TiltNew York Court of Appeals · 1867
- Billington v. . WagonerNew York Court of Appeals · 1865
- Calkins v. CopleySupreme Court of Minnesota · 1882
- McArthur v. SchenckWisconsin Supreme Court · 1873
- Gleason v. ChildsSupreme Court of Vermont · 1880
3Cited by2 opinions
- Crispo v. ConboySupreme Court of Minnesota · 1922
- Fred G. Clark Co. v. E. C. Warner Co.Supreme Court of Minnesota · 1933