Bovee v. Butters

• Court: Minnesota Supreme Court
• Writing for the Court: LEWIS, J.
• Citation: Bovee v. Butters, 92 Minn. 149, 99 N.W. 641 (Minn. 1904)
• Decision Date: 13 May 1904
• Docket Number: 13,821 - (24)
• Parties: EDMOND GEORGE BOVEE v. SADIE J. BUTTERS

99 N.W. 641

92 Minn. 149

EDMOND GEORGE BOVEE v. SADIE J. BUTTERS

Nos. 13,821 - (24)

Supreme Court of Minnesota

May 13, 1904

Action in the district court for Carlton county to cancel on the ground of usury two real estate mortgages executed by plaintiff to defendant. The case was tried before Ensign, J who found in favor of defendant. From a judgment entered pursuant to the findings, plaintiff appealed. Affirmed.

SYLLABUS

Usury.

Plaintiff applied to defendant's husband for assistance in obtaining a loan of $550 at ten per cent. interest, to be secured by real estate mortgages, and agreed to pay him a commission of ten per cent. if successful. The husband applied to defendant, his wife, who made the loan without any knowledge of the agreement as to commission, and of which she received no part. Held, in an action brought to set aside the mortgages as usurious, the facts as found by the court are sustained by the evidence, and the loan was not void for usury.

John Jenswold, Jr., for appellant.

J. E Green, for respondent.

OPINION

LEWIS, J.

Action to set aside certain real estate mortgages securing notes amounting to $550 upon the ground of usury.

At the trial plaintiff testified that, being in need of money, he applied for a loan to the husband of defendant, supposing him to be a man of some means, but was informed that the money belonged to his wife, and suggested that plaintiff apply to her, whereupon, by appointment, plaintiff went with Mr. Butters to his house, where he met defendant, and, in the presence of Mr. Butters, stated he wanted $550 for twenty seven months, offering to pay ten per cent. interest and a bonus of $50; that defendant agreed to the proposition, and left the making of the papers to her husband and an attorney. One note was made out for $400 and another for $150, both secured by first mortgages upon real estate, and Mr. Butters went with plaintiff to the bank at Carlton, where plaintiff received the money, delivered the mortgages to Mr. Butters, and paid him the $50.

Mr. Butters testified that plaintiff met him on the street in Thomson, and asked him to try and secure a loan of $550 for him; that pursuant to such request he talked with several persons about it, and told plaintiff he would try and get it for him; that a few days thereafter he told plaintiff that he could not solicit a loan for him without compensation, and plaintiff replied,

Well, that's so. * * * What do you want? Mr. Butters answering: What will you give me if I get that money for you? and plaintiff said, I will give you ten per cent.

That after this conversation Mr. Butters interviewed several persons, but was unable to get the loan; that Mr. Hawkins suggested Mrs. Butters had the money, and her husband laid the proposition before her, advising her to make the loan, and that she finally said,

Well, with a first mortgage, taxes all paid up, and the insurance on the house and lot made payable to me in case of accident, or in case of fire, I will let the money go.

That he then informed plaintiff he could get the money for him at ten per cent. with the mortgage payable to defendant, and that thereupon he and plaintiff went to a bank at Carlton, drew part of the money, and paid off a prior mortgage and the taxes, and then...