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Morstain v. Kircher

Minnesota Supreme Court
250 N.W. 727 (1933)


Facts

On May 4, 1928, Frances V. Brown and Thomas W. Brown delivered a promissory note to Morstain (plaintiff) for $400.00. The note was secured by a mortgage on property owned by the Browns. On June 12, 1928, the Browns conveyed the property to Kircher (defendant), subject to the mortgage. Kircher assumed the note and mortgage and began making interest payments to Morstain. On November 1, 1928, Kircher re-conveyed the property back to the Browns, subject to the mortgage. In April 1931, Morstain brought suit against Kircher to recover unpaid amounts due on the note. The municipal court of Minneapolis granted Morstain a judgment in the amount of $432.07. Kircher appealed

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Issue

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Holding and Reasoning (Hilton, J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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