Legal Opinion

Kommer v. Harrington

Supreme Court of Minnesota

Decided May 3, 1901No. Nos. 12,529 — (48)PublishedCited by 18 opinions

Action in the district court for Chippewa county to restrain the foreclosure of two certain mortgages, one of real property situate within said county, the other of chattels, and to cancel the same, upon the ground of usury. The case was tried before Powers, J., and a jury, which rendered a verdict in favor of plaintiff. From an order denying a motion for a new trial, defendants appealed.

1Opinion of the CourtCollins, J.

This is an action brought in the district court of Chippewa county to restrain the defendants from proceeding to foreclose two mortgages, one on chattels, and the other upon real estate situated in said Chippewa county, and from selling the personal property or real estate therein described, and to obtain a decree setting aside and canceling both mortgages and the note thereby secured, upon the ground that the note was and is usurious, and for such further relief as justice and equity might require, which would include the setting aside and cancellation of the record of the real-estate…

2Cases cited2 opinions

  1. Yellow Medicine County Bank v. CookSupreme Court of Minnesota · 1895
  2. Turrell v. WarrenSupreme Court of Minnesota · 1878

3Cited by18 opinions

  1. State Ex Rel. Nyquist v. District Court of Swift CountySupreme Court of Minnesota · 1925
  2. Wiggin Terminals, Inc. v. United StatesCourt of Appeals for the First Circuit · 1929
  3. State ex rel. Barrett v. District CourtSupreme Court of Minnesota · 1905
  4. E. C. Warner Co. v. W. B. Foshay Co.Court of Appeals for the Eighth Circuit · 1932
  5. Hjelm v. City of St. CloudSupreme Court of Minnesota · 1915

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