Ferber v. State Bank
Supreme Court of Minnesota
Action in. the district court for Goodhue county to have certain notes and mortgages canceled, to annul all proceedings to foreclose the mortgages, and to declare the mortgages to be not a lien upon certain land, and to hare them declared void on account of usury. The substance of the pleadings is given in the opinion. The case was tried before Johnson, J., and a jury which answered the five questions submitted to it in the manner stated in the opinion.
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Action in. the district court for Goodhue county to have certain notes and mortgages canceled, to annul all proceedings to foreclose the mortgages, and to declare the mortgages to be not a lien upon certain land, and to hare them declared void on account of usury. The substance of the pleadings is given in the opinion. The case was tried before Johnson, J., and a jury which answered the five questions submitted to it in the manner stated in the opinion. Erom an order denying defendant’s motion to vacate and set aside the verdict and findings of fact and the answers of the jury, it appealed.
1Opinion of the CourtBunn, J.
This action was brought to set aside two mortgages and the notes secured thereby, made by plaintiff and her husband to defendant April 15, 1908. The complaint charged in substance that Loomis F. Irish, the president of defendant bank, was acting as her adviser in the settlement between herself and her brother of their rights *262in the estate of her father, and induced her to make the notes and mortgages by representing that it was necessary in order to carry out the terms of a settlement that he had arranged; that plaintiff received no consideration, and was ignorant of the fact that the papers…
2Cases cited2 opinions
- Wood v. CullenSupreme Court of Minnesota · 1868
- Buzalsky v. BuzalskySupreme Court of Minnesota · 1909
3Cited by2 opinions
- Town of Wells v. SullivanSupreme Court of Minnesota · 1914
- Amland v. GroseSupreme Court of Minnesota · 1940