Hamel v. Corbin
Supreme Court of Minnesota
Appeal by defendant from an order of the district court for Hennepin county, Belden, J., denying his motion for a new trial after the court had ordered judgment for plaintiff. Defendant insists that G. S. 1894, § 6033, prescribing what the notice of foreclosure shall contain is purely remedial.
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Appeal by defendant from an order of the district court for Hennepin county, Belden, J., denying his motion for a new trial after the court had ordered judgment for plaintiff. Defendant insists that G. S. 1894, § 6033, prescribing what the notice of foreclosure shall contain is purely remedial. That it is not intended to prescribe or bound the contract powers or rights of parties to mortgages (that is, to make a contract in advance for them), but is intended solely to prescribe a remedy, or a mode for the enforcement of the rights upon which the parties have themselves agreed. When the…
1Opinion of the CourtStart, C. J.
This is an action to recover an alleged surplus in defendant’s hands arising from a sale upon mortgage foreclosure of property owned by plaintiff’s assignor. Judgment was ordered for the plaintiff, and the defendant appeals from an order denying his motion for a new trial.
The facts are undisputed, and are these: The defendant on June 30,1894, was the owner of a real-estate mortgage, made by the plaintiff’s assignor, which was in the usual form and contained the usual power of sale and covenants to pay taxes and insurance, and authorized the mortgagee, in case of foreclosure, to deduct from…
2Cases cited10 opinions
- Martin v. BaldwinSupreme Court of Minnesota · 1883
- Gorham v. National Life InsuranceSupreme Court of Minnesota · 1895
- First National Bank of Memphis v. KiddSupreme Court of Minnesota · 1873
- Heenan v. NashSupreme Court of Minnesota · 1863
- Walton v. BagleyMichigan Supreme Court · 1882
5 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Wood v. ButtonMichigan Supreme Court · 1919
- Sucker v. CranmerSupreme Court of Minnesota · 1914
- Business Women's Holding Co. v. Farmers & Mechanics Savings BankSupreme Court of Minnesota · 1935
- Lewis v. CulbertsonSupreme Court of Connecticut · 1938