Lundberg v. Davidson
Supreme Court of Minnesota
Appeal by plaintiff from an order of the district court for St. Louis county, Cant, J., denying his motion for a new trial after findings and order for judgment in favor of defendant, as assignee in insolvency of the State Bank of Duluth.
1Opinion of the Court
MITCHELL, J.1
There was no dispute as to the facts in this case, except on two points,—the insanity of plaintiff, and the bank’s knowledge of the fact,—upon which, under the evidence, the findings of the trial court are conclusive.
Plaintiff was the owner of two lots in Duluth, upon which he resided, and out of which he was entitled to a homestead exemption. His brother, Solomon, owned a lot which was incumbered by a mortgage for $3,000 executed prior to March, 1890. On March 1, 1890, the plaintiff and his brother executed to one Hoopes their joint promissory note for $4,000, .payable in three…
2Cases cited4 opinions
- Berry ex rel. Roberts v. SkinnerCourt of Appeals of Maryland · 1869
- Encking v. SimmonsWisconsin Supreme Court · 1871
- Lundberg v. DavidsonSupreme Court of Minnesota · 1897
- Felch v. LeeWisconsin Supreme Court · 1862
3Cited by10 opinions
- Parrish v. PeoplesSupreme Court of Minnesota · 1943
- Dale Ex Rel. Smith v. PushorSupreme Court of Minnesota · 1956
- Mutual Life Ins. Co. of New York v. ChambersAppellate Court of Illinois · 1980
- Schultz v. OldenburgSupreme Court of Minnesota · 1938
- Stearns v. CarlsonSupreme Court of Minnesota · 1925
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