NORTHWESTERN STATE BANK, ETC. v. GANGESTAD

Nos. 49377, 49404 and 49455.

289 N.W.2d 449 (1979)

NORTHWESTERN STATE BANK OF LUVERNE, Luverne, Minnesota, Respondent-Appellant, v. Dwight GANGESTAD, Appellant-Respondent.

Supreme Court of Minnesota.

October 19, 1979.


Attorney(s) appearing for the Case

Vander Kooi, Hagedorn & Vander Kooi and Michael Hagedorn, Luverne, for appellant in Nos. 49377 and 49455 and for respondent in No. 49404.

Faegre & Benson, Hendrik DeJong and Thomas L. Kimer, Minneapolis, for respondent in Nos. 49377 and 49455 and for appellant in No. 49404.

Skewes, Klosterbuer & Connell and Donald R. Klosterbuer, Luverne, for respondent in Nos. 49377 and 49455 and for appellant in No. 49404.

Heard before YETKA, SCOTT, and WAHL, JJ., and considered and decided by the court en banc.


YETKA, Justice.

The plaintiff bank brought this action to enforce a number of promissory notes and installment contracts against the defendant, a farmer. The defendant raised the affirmative defenses of usury and hindrance of performance by the plaintiff and counterclaimed for fraud. Following a jury trial, the Rock County District Court granted the plaintiff's motion for a directed verdict and dismissed the counterclaim. The court subsequently held that two of the...

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