Morse v. Wellcome
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Citation treatment has not been reviewed for this case. The notes below come from the citation graph and the Minnesota Revisor's amendment records, not from a review of how later courts treated this decision.
(as of 9/30/2026)
Last cited by a Minnesota appellate court in 1949, among the opinions in this site’s citation index.
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Cases that cite this one
5 later published cases cite this decision.
- Strickland v. First State Bank of Balaton (Minn. 1925)
- Linne v. Ronkainen (Minn. 1949)
- Messersmith v. Reilly (N.D. 1941)
- Clausen v. Salhus (Minn. 1932)
- I. J. Bartlett Co. v. Ness (Minn. 1923)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
It was not alleged in the complaint herein that the original note or mortgage were in any degree tainted with usury; and, if not usurious, the original transaction could not be made so by the subsequent agreement to extend the time of payment, although such agreement was in consideration of a payment of, or a promise to pay, usurious interest. Avery v. Creigh, 35 Minn. 456, 29 N. W. 154. In so far as the agreement for an extension was a contract to pay a compensation for the past use of money, it was not a contract to pay interest in any legal or proper sense, or within the meaning of the statute regulating the rate of interest. Daniels v. Wilson, 21 Minn. 530. Whether the “contract, in so far as it provided for compensation for the future use of the amount of the note, was or was not usurious, we are not required to decide, for, admitting that it was, facts sufficient to constitute a cause of action were not stated in the complaint.
Order affirmed.
Buck, J., took no part.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.