Wortendyke v. Meehan
Nebraska Supreme Court
Appeal by plaintiff from a decree rendered by Post, J., in the district court for York county. The opinion contains facts sufficient to an understanding of the case here. 1. The defense of usury is not available in this case. Gen. Stat., 447. It is not sufficient to declare the note or contract illegal, but it must be absolutely void in order to plead usury against a note or contract in the hands of a bona fide assignee.
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Appeal by plaintiff from a decree rendered by Post, J., in the district court for York county. The opinion contains facts sufficient to an understanding of the case here. 1. The defense of usury is not available in this case. Gen. Stat., 447. It is not sufficient to declare the note or contract illegal, but it must be absolutely void in order to plead usury against a note or contract in the hands of a bona fide assignee. Chitty on Bills, 116. 2 Kent Com., 80. Conkling v. Underhill, 3 Scam., 111., 388. Hemenway v. Orojosey, 37 El., 357. Pickaway Co. Bank v. Prother, 12 0 St., 497. Gale v.…
1Opinion of the Court
Maxwell, Oh. J.
In September, 1875, one Keeldey, through an agent; loaned the defendant the sum of $200 for the period of one year, with interest at the rate of 50 per cent., taking as security an assignment of a land contract. Before the expiration of the year Keckley, through his agent, sold and assigned the debt, with the security, to a resident of York, who, on an agreement to pay $150 as interest or rent, it is uncertain which, agreed to extend the time of payment for one year. In January, 1878, a note, secured by a mortgage, for the sum of $470, with interest at 12 per cent., and due…
2Cases cited3 opinions
- Callanan v. ShawSupreme Court of Iowa · 1868
- Paton v. CoitMichigan Supreme Court · 1858
- Converse v. FosterSupreme Court of Vermont · 1860
3Cited by10 opinions
- Violet v. RoseNebraska Supreme Court · 1894
- State Savings Bank v. ScottNebraska Supreme Court · 1880
- Olmsted v. New England Mortgage Security Co.Nebraska Supreme Court · 1881
- Same v. SameNebraska Supreme Court · 1883
- Darst v. BackusNebraska Supreme Court · 1885
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