Irvine v. Armstrong
Supreme Court of Minnesota
To enable the defendants Armstrong and wife to obtain a certain farm in Wright county, upon which was a $300 mortgage, the plaintiff bought it and at once resold and conveyed it to Armstrong, subject to the $300 mortgage, taking back a mortgage for $900, securing nine notes for $100 each, of the same date with the mortgage, the first note payable four years from date, and the rest payable one in each succeeding year, without interest for three years from date, and with…
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To enable the defendants Armstrong and wife to obtain a certain farm in Wright county, upon which was a $300 mortgage, the plaintiff bought it and at once resold and conveyed it to Armstrong, subject to the $300 mortgage, taking back a mortgage for $900, securing nine notes for $100 each, of the same date with the mortgage, the first note payable four years from date, and the rest payable one in each succeeding year, without interest for three years from date, and with interest at six per cent, per annum thereafter. The $300 mortgage becoming due, and the $900 mortgage to plaintiff having…
1Opinion of the CourtBerry, J.
As to whether the transaction involved in this suit was usurious or not, the testimony was flatly contradictory. But it was entirely oral, and the learned judge who saw and heard the witnesses has found no usury. That there is abundant testimony to support the finding of the judge below there can be no doubt. In this state <of facts, to set aside the finding would be to disregard a familiar rule, which has long been established and followed in this court, and which we see no reason to abandon. . The finding cannot be disturbed.
It is found, in substance, by. the court below that defendants…
2Cases cited3 opinions
- Hale v. . Omaha National BankNew York Court of Appeals · 1872
- Johnson v. JohnsonCourt of Appeals of Maryland · 1874
- McClintock v. LaingMichigan Supreme Court · 1871
3Cited by15 opinions
- Hatlestad v. Mutual Trust Life Insurance Co.Supreme Court of Minnesota · 1936
- Magee v. McManusCalifornia Supreme Court · 1886
- Baker v. BakerSouth Dakota Supreme Court · 1891
- Butler Brothers Co. v. LevinSupreme Court of Minnesota · 1926
- Hughes v. MullaneySupreme Court of Minnesota · 1904
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