Northwestern Mutual Life Insurance v. Brown
Supreme Court of Minnesota
The plaintiff brought this action in the district court for Ramsey county, to foreclose a mortgage executed by defendants Helen S. Stone and husband. Defendant Brown, a junior mortgagee, answered, setting up, among other defences, that the plaintiff had, in September, 1885, commenced a suit in the United States circuit court lor Minnesota to foreclose this same mortgage, and had thereby debarred itself from doing business or maintaining suits in this state.
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The plaintiff brought this action in the district court for Ramsey county, to foreclose a mortgage executed by defendants Helen S. Stone and husband. Defendant Brown, a junior mortgagee, answered, setting up, among other defences, that the plaintiff had, in September, 1885, commenced a suit in the United States circuit court lor Minnesota to foreclose this same mortgage, and had thereby debarred itself from doing business or maintaining suits in this state. The plaintiff, in its reply, admitted the bringing of the suit in the United States court, and alleged that the same was so brought by…
1Opinion of the CourtDickinson, J.
This action was commenced to foreclose a mortgage executed by the defendants Stone to the plaintiff, in the year 1884. The plaintiff is a foreign corporation, doing business in this state, and under the laws thereof. The defendant Brown is a junior mortgagee. The cause comes here by appeal of Brown from an order overruling his demurrer to the reply of the plaintiff in the action. This brings in question the sufficiency, as a defence, of that part of the answer of the defendant Brown alleging that, subsequent to the enactment of Laws 1885, c. 183, (forbidding foreign corporations doing…
2Cited by2 opinions
- Anderson v. NorthropSupreme Court of Florida · 1892
- Dohs v. HolbertSupreme Court of Minnesota · 1908