General Electric Credit Corp. v. Best Refrigerated Express, Inc.

I concur in the result reached by the majority in this case. Because, however, I have some question as to whether our decision in Rader v. Burnett, 175 Neb. 663, 122 N.W.2d 747 (1963), relied upon totally by the majority, correctly states the *503law with regard to suits brought by a lender under Neb. Rev. Stat. § 45-138 (Reissue 1984), I cannot join with the majority in its opinion. While it may be true that, generally, usury is a personal defense and therefore cannot be assigned, the issue in this case is complicated by the language of the statute. Section 45-138 provides that if a contract is…