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MELBO v. RINN

No. 40320-1.

157 N.W.2d 842 (1968)

Robert N. MELBO, dba Lindsay Perfectomatic Soft Water Service, Appellant, v. Richard RINN and Alpha Rinn, and Ralph Shank, Respondents.

Supreme Court of Minnesota.

April 5, 1968.

Attorney(s) appearing for the Case

C. Stanley McMahon, Winona, for appellant.

Alton E. Bergh, St. Charles, for Ralph Shank.

Dennis A. Challen, Winona, for Richard and Alpha Rinn.

Dorsey, Marquart, Windhorst, West & Halladay, William A. Whitlock and Charles J. Hauenstein, amicus curiæ for First National Bank of Minneapolis.

Faegre & Benson, James A. Halls, Jack W. Greene, Minneapolis, amicus curiæ for Northwestern National Bank of Mpls.

Mackall, Crounse, Moore, Helmey & Holmes, Minneapolis, amicus curiæ for Community Credit Co.

Maun, Hazel, Green, Hayes, Simon & Aretz, St. Paul, amicus curiæ for Industrial Credit Co.

Clarence O. Holten and James S. Eriksson, Minneapolis, for James Talcott, Inc., and for Northern Finance Corp.

Briggs & Morgan, Richard H. Kyle and Ronald E. Orchard, St. Paul, for Minnesota Bankers Ass'n.

OPINION

OTIS, Justice.

Two actions on promissory notes against separate defendants have been consolidated. The notes were executed in connection with sales which defendants allege were fraudulently induced. The court found that plaintiff took the notes with notice they were usurious and that he was not a holder in due course. It directed verdicts in favor of defendants. Plaintiff appeals from the judgments and from orders denying his motions for a new trial...

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