City of Fergus Falls v. Fergus Falls Hotel Co.
Supreme Court of Minnesota
Action in the district court for Otter Tail county to foreclose a mortgage. The case was tried before Cant, J., who found in favor of plaintiff. From an order denying a motion for a new trial, defendant appealed. Municipal corporations have only such powers as are granted by the legislature creating them. Power not granted is withheld; powers granted are strictly construed. 1 Dillon, Mun.
Read the full summary
Action in the district court for Otter Tail county to foreclose a mortgage. The case was tried before Cant, J., who found in favor of plaintiff. From an order denying a motion for a new trial, defendant appealed. Municipal corporations have only such powers as are granted by the legislature creating them. Power not granted is withheld; powers granted are strictly construed. 1 Dillon, Mun. Corp. (3d Ed.) § 89; Coates v. Campbell, 37 Minn. 498. Taking tbe note and mortgage was not only ultra vires, but was contrary to public policy, and a crime. Penal Code, §§ 136, 369, 370. The city cannot…
1Opinion of the Court
LEWIS, J.2
Action by respondent city to foreclose a mortgage upon certain hotel property in the city of Fergus Falls. Defense, that the city cannot maintain an action to enforce securities' taken on a loan, the same being void; against public policy, and ultra vires. The action was tried by the court without a jury, and resulted in an order for judgment in favor of respondent. Defendant appeals from an order denying its motion for a new trial.
The trial court found that in 1890 one Bell and wife executed and delivered to the First National Bank of Fergus Falls their promissory note for $10,000,…
2Cases cited5 opinions
- National Bank v. MatthewsSupreme Court of the United States · 1879
- William Deering & Co. v. PetersonSupreme Court of Minnesota · 1898
- City of Buffalo v. . BalcomNew York Court of Appeals · 1892
- City of Chaska v. HedmanSupreme Court of Minnesota · 1893
- Hay v. Alexandria & W. R.U.S. Circuit Court for the District of Eastern Virginia · 1884
3Cited by13 opinions
- Bell v. KirklandSupreme Court of Minnesota · 1907
- Maddox v. FullerSupreme Court of Alabama · 1937
- City of Minneapolis v. Republic Creosoting Co.Supreme Court of Minnesota · 1924
- Hunt v. Hauser Malting Co.Supreme Court of Minnesota · 1903
- Burns v. EsslingSupreme Court of Minnesota · 1923
8 more not listed; retrieve them via the Exa API.