Babcock v. Sanborn
Supreme Court of Minnesota
ERROR TO THE DISTRICT COURT O'J? RAMSEY COUNTY. The case is stated in the opinion of the Court. The following are the points and authorities relied upon by the Counsel for the Plaintiffs in Error: First. — The interest at the rate of five per cent, per month after due on the note was a penalty,and could not be recovered. Mason & Craig vs. Callender, Flint & Co., 2 Minn.
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ERROR TO THE DISTRICT COURT O'J? RAMSEY COUNTY. The case is stated in the opinion of the Court. The following are the points and authorities relied upon by the Counsel for the Plaintiffs in Error: First. — The interest at the rate of five per cent, per month after due on the note was a penalty,and could not be recovered. Mason & Craig vs. Callender, Flint & Co., 2 Minn. R., 350. Second. — When interest after due is a penalty, the recovery can only be seven per cent, per annum, the legal rate of damages. Third. — The compound interest mentioned in the complaint could not be legally recovered.…
1Opinion of the Court
By the Court
— Flandrau, J.
The Defendants object that the writ of error should be quashed because all the parties against whom the judgment was rendered did not unite in bringing it. Such is the rule, and it would be applied here did the papers contain sufficient facts to show that the point was well taken. The books served on the Court contain no copy of the writ, and nothing appears to show whether or not all the Defendants below are or are not joined in the writ. It is true that the party bringing the writ should furnish such papers as will show himself in all things regular, but as the…
2Cases cited1 opinion
- Livingston v. Executors of LivingstonNew York Supreme Court · 1808
3Cited by9 opinions
- Nelson v. ThompsonSupreme Court of Minnesota · 1877
- Lake Superior & Mississippi Railroad v. GreveSupreme Court of Minnesota · 1871
- Reynolds v. La Crosse & Minnesota Packet Co.Supreme Court of Minnesota · 1865
- Drexel v. PuseyNebraska Supreme Court · 1898
- Pineo v. HeffelfingerSupreme Court of Minnesota · 1882
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