Legal Opinion

Pinch v. McCulloch

Supreme Court of Minnesota

Decided April 26, 1898No. Nos. 10,990-(97)PublishedCited by 7 opinions

Appeal by defendant from a judgment upon the pleadings in favor of plaintiff for $584.44, entered in the district court for Ramsey county pursuant to the order of Kelly, J.

1Opinion of the Court

START, O. J.

Judgment was ordered and entered herein in favor of the plaintiff upon the pleadings, from which the defendant appealed. The record presents a single question for our determination. It is, does the answer state facts constituting a defense. We answer it in the negative.

This action is to recover from the defendant, upon an assumption clause in a deed to him, the amount of a promissory note for $383, due December 19,1891, with interest, and secured by a second mortgage upon real estate executed by the makers of the note to Clark B. Davison. The mortgagors conveyed the mortgaged…

2Cases cited3 opinions

  1. Hungerford v. O'BrienSupreme Court of Minnesota · 1887
  2. Benedict v. OlsonSupreme Court of Minnesota · 1887
  3. D. M. Osborne & Co. v. GulliksonSupreme Court of Minnesota · 1896

3Cited by7 opinions

  1. National Surety Corporation of New York v. EllisonCourt of Appeals for the Eighth Circuit · 1937
  2. Clement v. WillettSupreme Court of Minnesota · 1908
  3. Jefferson County Bank v. EricksonSupreme Court of Minnesota · 1933
  4. Peterson v. HeringtonSupreme Court of Minnesota · 1926
  5. Collins v. Environmental Systems Co.Court of Appeals for the Eighth Circuit · 1993

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