Pioneer Savings & Loan Co. v. Bartsch
Supreme Court of Minnesota
Appeal by the plaintiff, the Pioneer Savings and Loan Company from an order of the District Court of Hennepin County, Hooker, J., made March 26, 1892, granting the defendants Charles G. Hillman and Herman Yogt a new trial. On June 2, 1890, the plaintiff, a corporation, loaned to defendant Charles Bartsch $10,000, and as security for its repayment took his note and a mortgage made by him and his wife upon a lot in Baker’s Addition to St. Anthony.
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Appeal by the plaintiff, the Pioneer Savings and Loan Company from an order of the District Court of Hennepin County, Hooker, J., made March 26, 1892, granting the defendants Charles G. Hillman and Herman Yogt a new trial. On June 2, 1890, the plaintiff, a corporation, loaned to defendant Charles Bartsch $10,000, and as security for its repayment took his note and a mortgage made by him and his wife upon a lot in Baker’s Addition to St. Anthony. Bartsch at the same time gave the plaintiff a bond executed by himself as principal and by Charles G. Hill-man, Herman Yogt and Harriet F. R.…
1Opinion of the CourtMitchell, J.
It seems to us that the determination of this appeal hinges upon the single question whether the judgment in a previous action by the Minneapolis Glass Company against one Bartsch and the present plaintiff was evidence against the present defendants of anything except the fact of its recovery; for, if it was, we think it would be conclusive evidence against them of every fact necessary to be found in order to recover such a judgment.
Bartsch was negotiating for a loan of money from the present plaintiff, to be secured by mortgage on certain real estate, and, as an inducement to plaintiff to…
2Cases cited1 opinion
- Gibbons v. EllisWisconsin Supreme Court · 1892
3Cited by27 opinions
- Spanel v. Mounds View School District No. 621Supreme Court of Minnesota · 1962
- Robson v. Superior CourtCalifornia Supreme Court · 1915
- McMenomy v. RydenSupreme Court of Minnesota · 1967
- Merrill v. St. Paul City Railway Co.Supreme Court of Minnesota · 1927
- Kruger v. California Highway Indemnity ExchangeCalifornia Supreme Court · 1927
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