Wilson v. Hayes
Supreme Court of Minnesota
This action was brought in the district court for Crow Wing county, and was tried by Slee-per, J.; certain issues as to the fact, time, etc., of the alteration of the note mentioned in the opinion being submitted to a jury. Plaintiff appeals from an order by Holland, J., refusing a new trial.
1Opinion of the CourtMitchell, J.
On August 27, 1885, plaintiff loaned to defendant Douglas $5,000, for which the latter executed his promissory note, secured by a mortgage on certain real estate upon which he had executed a prior mortgage to the Minneapolis Loan & Trust Company. It had been previously agreed between plaintiff and Douglas that plaintiff was “to take an assignment” of the prior mortgage, and that Douglas should have three years in which to redeem the property. In September, 1885, Wilson indorsed and sold Douglas’s note to the Bank of Minneapolis, but made no formal assignment of the mortgage. Wilson not having…
2Cases cited10 opinions
- Bailey v. TaylorSupreme Court of Connecticut · 1836
- Administrators of Beaman v. RussellSupreme Court of Vermont · 1848
- Wellington v. JacksonMassachusetts Supreme Judicial Court · 1876
- Hefner v. VandolahIllinois Supreme Court · 1872
- Neil v. J. I. Case & Co.Supreme Court of Kansas · 1881
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3Cited by48 opinions
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- Maldaner v. SmithWisconsin Supreme Court · 1899
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