Gold-Stabeck Loan & Credit Co. v. Kinney
North Dakota Supreme Court
Action to quiet title to land. Appeal from the District Court of- Adams County, W. G. Grawford, J. Judgment for defendants. Statement of facts by Bruce, J. This is an action to foreclose a real estate mortgage, the defense being usury, and a counterclaim being interposed by one of the defendants.
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Action to quiet title to land. Appeal from the District Court of- Adams County, W. G. Grawford, J. Judgment for defendants. Statement of facts by Bruce, J. This is an action to foreclose a real estate mortgage, the defense being usury, and a counterclaim being interposed by one of the defendants. The findings of fact and conclusions of law of the trial court are as follows: “I. I find that the defendants N. B. Bailey and Elva B. Bailey, his wife, on the 30th day of March, 1909, at the office of the plaintiff in fhe city of Minneapolis in the state of Minnesota, executed and delivered to the…
1Opinion of the CourtBruce, J.
(after stating’the facts as above). The main question for determination in this case is whether the loan was tainted with usury.
It is conceded that though the land was situated in North Dakota, both the mortgagor and the mortgagee were nonresidents, the latter living in Wisconsin and the former in Minnesota; that the contract was to be performed in Minnesota, and that therefore, and on the question of usury, the Minnesota, and not the North Dakota, statute will apply.
It is conceded that the statutes of the state of Minnesota on the subject of usury were and are as follows: “Section 2133. The…
2Cases cited9 opinions
- Smith v. ParsonsSupreme Court of Minnesota · 1893
- Crawford v. NimmonsIllinois Supreme Court · 1899
- Grove v. Great Northern Loan Co.North Dakota Supreme Court · 1908
- Shane v. City of St. PaulSupreme Court of Minnesota · 1880
- Wessel v. D. S. B. Johnston Land & Mortgage Co.North Dakota Supreme Court · 1893
4 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- In re Checking Account Overdraft LitigationDistrict Court, S.D. Florida · 2015
- Lewis v. Pacific States Savings & Loan Co.California Supreme Court · 1934
- Anderson v. BeadleNew Mexico Supreme Court · 1931
- In re the Appeal of PeschelNorth Dakota Supreme Court · 1942
- Re PeschelNorth Dakota Supreme Court · 1942