Marshall & Ilsley Bank v. Child
Supreme Court of Minnesota
Action in the district court for McLeod county to recover a deficiency of $1,087.35 on a promissory note. The court, Cadwell, J., directed a verdict in favor of plainliff, and from an order denying a motion for a new trial, defendant E. A. Child appealed.
1Opinion of the CourtStart, C. J.
This is an action against the maker of a promissory note secured by a. real-estate mortgage to recover a deficiency upon the note after the foreclosure of the mortgage. The answer is to the effect that the mortgaged premises were conveyed to a third party, Isaac C. Morrill, subject to the mortgage, a.nd that the plaintiff, with knowledge thereof, for a valuable consideration, ■ and without the knowledge or consent of the defendant, agreed with Morrill to, and did, extend the time of the payment of the note and mortgage for one year. This was put in issue by the reply. It is practically…
2Cases cited1 opinion
- Travers v. DorrSupreme Court of Minnesota · 1895
3Cited by6 opinions
- Alropa Corp. v. SnyderSupreme Court of Georgia · 1936
- Poppler v. O'CONNORSupreme Court of Minnesota · 1975
- Farmers' Warehouse Ass'n v. MontgomerySupreme Court of Minnesota · 1904
- Merrill v. ZimmermanSupreme Court of Minnesota · 1922
- Citizens State Bank of Herscher v. PetersSupreme Court of Minnesota · 1930
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