New Ulm review. (New Ulm, Brown County, Minn.) 1892-1961, 1898-02-02
Decision
Reversed.
The Supreme Court Reverses Judge Web
ber's Decision in the Grimmer Case.
Grimmer Is Thus Spared the Loss Of Two
Thousand Dollars.

Aauucu uOWu lulluS, "llt'oA W o"o
ice Collins, which means the saving to
A. J. Grimmer of this city Of something
over $4,000.
The decision was in the case Of Mary
Scanlon, as respondent, versus John b.
Alexander and others, A. J. Grimmer be-
ing the appellant.
Judge Weber of the lever court, af
ter lengthy hearing, determined the
case in favor of the Scanlons. The SUI
preme court now reverses this decision
and orders9a new trial. To understand
the syllabus, it will be necessary to re-
cali the facts in the case.
Sylvester Davis, Redwood county
farmer, under the assumed name of Jonn
b. Alexander, had, through the agency
of Beard and Gleason, negotiated loan
for $4,000 with one of the Scanlons.
Scanlon gave mortgage on his farm as
security and admits having received the
full amount stipulated, with the excep-
ton of 500 retained by Beard and
Gleason for services rendered as agents.
Scanlon was made to believe that Alex
ander was money loaner residing in
Wisconsin.
Sometime after the negotiation of the
loan, the notes and mortgage were as
signed to Maggie Henningsen of this CT
ty and later by Der to A. J. Grimmer.
Upon discovering that Alexander was
| a fictitious person, Scanlon commenced
suit to have the mortgage set aside on
the ground that it was fraudulent.
Judge Weber took this view of the
case, and, while regretting that, through
the fraudulent practices of the Davis,
Beara and Gleason crowd, Grimmer, an
innocent purchaser, should have to be
made to sustain loss of $4,000, held
that it required two parties to make a
mortgage and Alexander being ficti-
tious person, the mortgage in this par
| ticu}ar case was fraudulent and there
fore null and void
The supreme court does not agree
with him. In the syllabus, the court says:
L. A person, not having fraudulent
or criminal purpose in so doing may en-
ter into contract by any name he may
! choose to assume. All that the law
looks to is the identity of the individual
and when that is ascertained and clearly
es tablished the act will be binding upon
! him and upon others.
2. Rule applied in case where, for
the purpose of loaning money and tax
ing real estate mortgage, one S. D. as
sumed wholly different name, there
being no fraudulent or criminal intent
shown on his part.
3. 1t is wholly immaterial that the
mortgagors were induced to believe that
they were dealing with a person bearing
the assumed name and would net have
entered into such transaction with SD,
the real mortgage.
4. A vendee who accepts convey
ance of land subject to mortgage
thereon and containing covenant where
by such vendee assumes and agrees to
pay the mortgage is estopped from as
serting that the obligation secured there
by is usurious.
Emil Steinhauser, the Lamberton
merchant, was here over Sunday.
John Huber and Miss Mary Vetter OF
West Newton were married last week.
B. E. Lollis, the broom manufacturers
has closed up his shop here and left the
city.
The lamps rallied off by VIVA. Fens.
cke were won by J. A. Roth, Fred Spoer.
base and N. Metzen.
Miss Emma Ellestade, teacher in this
city of guitar and mandolin, has organ.
lied class in Redwood Falls.
The subject of Mr.. Buzzell's lecture
at Gebser's Hall next Sunday forenoon
will be "Voices in the Wilderness
Every member of VIM. SINNERS fam.
lily is down with sickness. Mr.. Skinner