Murphy v. City of Omaha
Nebraska Supreme Court
Eerob to the district court for Douglas county. Tried below before Doane, J. The plaintiff is entitled to interest, under the statute. (Whitwell v. Willard, 1 Met. [Mass.], 216; Sweet’s Law Die., title “Account”; Anderson’s Law Die., title “Account,” and cases; Rensselaer v. Reid, 5 Cowan [N. Y.], 587; Beclc v. Devereaux, 9 Neb., 109.) Aversion to the taking of interest has prevailed generally among nations in a low stage of civilization. (Ency.
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Eerob to the district court for Douglas county. Tried below before Doane, J. The plaintiff is entitled to interest, under the statute. (Whitwell v. Willard, 1 Met. [Mass.], 216; Sweet’s Law Die., title “Account”; Anderson’s Law Die., title “Account,” and cases; Rensselaer v. Reid, 5 Cowan [N. Y.], 587; Beclc v. Devereaux, 9 Neb., 109.) Aversion to the taking of interest has prevailed generally among nations in a low stage of civilization. (Ency. Brit., title “ Interest”; Walker’s Political Economy, 231.) Interest is here recoverable as an incident of the debt, regardless of the statute.…
1Opinion of the CourtMaxwell, J.
This action was brought by the plaintiff against the defendant to recover the sum of $8,953.77, balance due him for the construction of a sewer. The petition and answer are very long and need not be noticed. The following is a stipulation of facts :
*404“First — That the defendant is a municipal corporation, organized and existing under the laws of the state of Nebraska as a city of the metropolitan class.
“Second — That on the 3d day of April, 1888, the city council of the defendant passed ordinance No. 1662, entitled ‘An ordinance creating sewer district number 67 in the city of Omaha, and…
2Cited by7 opinions
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- Central Bridge & Construction Co. v. Saunders CountyNebraska Supreme Court · 1921
- Petersen v. City of OmahaNebraska Supreme Court · 1930
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