Legal Opinion

Herrick v. Mosher

Supreme Court of Minnesota

Decided January 21, 1898No. Nos. 10,865-(257)PublishedCited by 2 opinions

Appeal by plaintiff from a judgment in favor of tbe defendant Frank C. Mosher entered in the district court for Dodge county, pursuant to the findings and order of Buckham, J.

1Opinion of the CourtMitchell, J.

In an action to foreclose a mortgage on land owned by the defendant the defense interposed was that the defendant had paid the mortgage to one Kelley, plaintiff’s duly-authorized agent.

The following facts were admitted, or conclusively proved: Plaintiff intrusted $1,600 to Kelley as her agent, to lend to third parties on real-estate security. In order to secure the money for his own use, Kelley resorted to the following device: In April, *2711889, he conveyed to one Hammond, a clerk in the office, a quarter section of land, and placed the deed on record. On the same day he caused Hammond to…

2Cases cited1 opinion

  1. Columbia Mill Co. v. National Bank of CommerceSupreme Court of Minnesota · 1893

3Cited by2 opinions

  1. Jackson v. Mutual Benefit Life InsuranceSupreme Court of Minnesota · 1900
  2. Hanson v. WhiteSupreme Court of Minnesota · 1899

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