Bidwell v. Whitney
Supreme Court of Minnesota
APPEAL EROM THE DISTRICT COURT OE RAMSEY COUNTY. Points and. authorities of Appellant: First. — The complaint contains no cause of action. The action is brought to recover, as Plaintiff alleges in his complaint, surplus money, and the complaint does not show that there is any surplus money.
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APPEAL EROM THE DISTRICT COURT OE RAMSEY COUNTY. Points and. authorities of Appellant: First. — The complaint contains no cause of action. The action is brought to recover, as Plaintiff alleges in his complaint, surplus money, and the complaint does not show that there is any surplus money. The complaint describes the note and states the rate of interest, and from such statement it appears that $3,394 was due Appellant on the 29th of August, 1859, when he only bid $2,325, $944 less than the amount actually due him at that time. Second. — The five per cent per month contracted to be paid by…
1Opinion of the CourtElandrau, J.
By the Court. The following facts are disclosed by the complaint: That on the 25th day of September, 1856, Whitney executed and delivered his promissory note to Bidwell for the sum of $1,360, payable in one year from date, with interest after maturity at the rate of five per cent, per month. That to secure the payment of this note,, Whitney and his wife executed and delivered a mortgage to Bidwell on certain lands in the County of Hennepin. That the mortgage contained a power of sale, and that Bidwell, on the 29th day of August, 1859, after giving “ due notice as required by law,” caused said…
2Cases cited2 opinions
- Talcott v. MarstonSupreme Court of Minnesota · 1859
- Johnson v. ClarkNew York Supreme Court · 1831
3Cited by13 opinions
- Martin v. LennonSupreme Court of Minnesota · 1872
- State Ex Rel. Board of Christian Service of Lutheran Minnesota Conference v. School Board of Consolidated School District No. 3Supreme Court of Minnesota · 1939
- Griswold v. TaylorSupreme Court of Minnesota · 1863
- Bailey v. MerrittSupreme Court of Minnesota · 1862
- Fagan v. People's Savings & Loan Ass'nSupreme Court of Minnesota · 1893
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