State National Bank v. Haylen
Nebraska Supreme Court
Appeal from the district court of Lancaster county in an action for the foreclosure of a mortgage given to secure a negotiable promissory note signed by defendants, payable to the order of Thomas P. Kennard, and by him indorsed in the manner stated in the opinion. The petition of plaintiff alleged inter alia that, “ on the 26th day of April, 1880, said Thomas P. Kennard, for a valuable consideration, assigned said note and mortgage and the money due thereon to plaintiff.”
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Appeal from the district court of Lancaster county in an action for the foreclosure of a mortgage given to secure a negotiable promissory note signed by defendants, payable to the order of Thomas P. Kennard, and by him indorsed in the manner stated in the opinion. The petition of plaintiff alleged inter alia that, “ on the 26th day of April, 1880, said Thomas P. Kennard, for a valuable consideration, assigned said note and mortgage and the money due thereon to plaintiff.” Defendants, in and by their separate answers, set up usury, fraud, etc., and denied the assignment to plaintiff, etc.…
1Opinion of the CourtCobb, J.
There is no question made in the evidence of the plaintiff bank being the bona fide owner and holder of the note and mortgage, nor that it received the same before maturity in the ordinary course of business and without notice of any infirmity. Such ownership and purchase of the note and mortgage by .the bank is placed beyond doubt by the testimony of its president. But the district court let in the defense of usury for the reason, as is stated in the judgment, “it (the plaintiff) holds the. same” (the note) “as assignee, and not as endorsee.” The writing on the back of the note given in…
2Cases cited2 opinions
- Heard v. Dubuque County BankNebraska Supreme Court · 1878
- Robinson v. LairSupreme Court of Iowa · 1870
3Cited by8 opinions
- Word v. ElwoodTexas Supreme Court · 1896
- Leahy v. HaworthCourt of Appeals for the Eighth Circuit · 1905
- McNary v. Farmers' Nat. BankSupreme Court of Oklahoma · 1912
- Buck v. Davenport Savings BankNebraska Supreme Court · 1890
- Mangold & Glandt Bank v. UtterbackSupreme Court of Oklahoma · 1916
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