Lash v. McCormick
Supreme Court of Minnesota
This is an appeal from a judgment of the district court for Ramsey county, entered upon the report of a referee. To the statement of the case contained in the opinion it needs only to be added that the note mentioned therein was made on the 13th of October, 1858, payable one year after date, with interest until paid at the rate of twenty per cent, per annum.
1Opinion of the Court
By the Court.
Berrt, J.
This action is brought to foreclose a mortgage. The complaint is in usual form, alleging the execution by defendant Findley McCormick of his promissory note for f 1,000, payable to plaintiff; and that, to secure the *405same, defendant Findley and Elizabeth his wife executed in plaintiff’s favor the mortgage, upon which this action is founded; and that no part of the principal or interest of said note has been paid.
For a first defence, defendants say that the note and mortgage were delivered to plaintiff’s agents, who, in consideration of the execution and delivery thereof,…
2Cases cited2 opinions
- Gleason v. MoenThe Superior Court of New York City · 1853
- Folsom v. LockwoodSupreme Court of Minnesota · 1861
3Cited by3 opinions
- Alevizos v. Metropolitan Air. Com'n of Mpls. & St. P.Supreme Court of Minnesota · 1974
- State ex rel. Minnesota Investment Co. v. District CourtSupreme Court of Minnesota · 1914
- State v. HallerSupreme Court of Minnesota · 1956