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M. S. M. CORPORATION v. KNUTSON COMPANY

No. 41354.

167 N.W.2d 66 (1969)

M. S. M. CORPORATION, Respondent, v. The KNUTSON COMPANY, et al., Defendants, The Knutson Company, Appellant.

Supreme Court of Minnesota.

April 11, 1969.

Attorney(s) appearing for the Case

Carlsen, Greiner & Law, Minneapolis, for appellant.

Richards, Montgomery, Cobb & Bassford, and Greer E. Lockhart, Minneapolis, for respondent.

Heard before KNUTSON, C. J., and OTIS, ROGOSHESKE, SHERAN and PETERSON, JJ.

OPINION

PER CURIAM.

This is an action by a mortgagor to recover from a mortgagee and a contractor proceeds of a mortgage which plaintiff alleges were diverted by the mortgagee to satisfy a collateral debt owed by the contractor. The trial court heard the matter without a jury and ordered judgment in favor of plaintiff for the sum of $9,133.45, plus interest. The only issue is whether the record compels a finding...

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