Opinion

First National Bank of St. Paul v. Ramier

  • 311 N.W.2d 502
  • 1981 Minn. LEXIS 1473
Court
Supreme Court of Minnesota
Filed
Oct 30, 1981
Status
Published
Author
Sheran
On the bench
Wahl, Yetka, Sheran, Otis
Cited by
101 cases

concluding that constructive trust was inappropriate when a bank did not require security for a loan or obtain a potential joint tenant’s signature on the promissory note

How later courts described this case

  • concluding that constructive trust was inappropriate when a bank did not require security for a loan or obtain a potential joint tenant’s signature on the promissory note
  • finding of equitable mortgage inappropriate when document conclusively states that it is an unsecured loan
  • when the real nature of the transaction is that of a loan advanced upon the security of realty it will be treated as an equitable mortgage without regard to the actual form of the instrument of conveyance
  • “[U]njust enrichment claims do not lie simply because one party benefits from the efforts or obligations of others, but instead it must be shown that a party was unjustly enriched in the sense that the term unjustly could mean illegally or unlawfully.”

Written by the judges who cited it.

The opinion

SHERAN, Chief Justice

(dissenting).

I join in the dissent of Justice Yetka.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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