Lynott v. Dickerman
Supreme Court of Minnesota
Appeal by defendant from an order of the district court for Ramsey county, Willis, J., overruling a demurrer to the complaint.
1Opinion of the CourtCanty, J.
This is an appeal from an order overruling a demurrer to the complaint, on the ground that the same does not state a cause of action.
The complaint alleges that defendant, the assignee of a mortgage, foreclosed the same by advertisement, and bid in the samp at the sale for $964.20; that, in the notice of sale, he claimed as due, and there was due and owing, on the mortgage, the sum of $873.54, and no. more; that, out of the sum so bid, he retained the sum of $81.35, as costs and disbursements of the sale, “as necessarily and absolutely incurred and paid therein”; but that “the actual costs and…
2Cited by4 opinions
- Perkins v. StewartSupreme Court of Minnesota · 1898
- St. Paul Fire & Marine Insurance v. Rock-Tenn Co.Court of Appeals for the Eighth Circuit · 1986
- Farnsworth Loan & Realty Co. v. Commonwealth Title Insurance & Trust Co.Supreme Court of Minnesota · 1901
- St. Paul Fire and Marine Insurance Company v. Rock-Tenn Company, Direct Container Line, Inc., Nekoosa Papers, Inc., Smith Meter, Inc., Longyear Company, Advance International, Inc., Concorde Nopal Agency, Inc., Central Mine Equipment Company, Lamorte, Burns & Co., Inc., South African Marine Corp. (n.y.), Ecuadorian Line, Inc., and John Doe Corp. National Commercial Banking Corporation of Australia, Ltd., Nekoosa Papers Inc. v. St. Paul Fire and Marine Insurance CorpCourt of Appeals for the Eighth Circuit · 1986