Philo v. Butterfield
Nebraska Supreme Court
This was an appeal from a decree rendered in the district court of Douglas county, brought to this court under the provisions of the act of March 8, 1873. General Statutes, 716. The facts fully appear in the opinion of the court. said that the evidence showed that Philo (the mortgagee,) never contracted for, nor received anything-more than lawful interest; that he had no knowledge and received no part of the bonus paid Wright by Butterfield; that the excess over lawful…
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This was an appeal from a decree rendered in the district court of Douglas county, brought to this court under the provisions of the act of March 8, 1873. General Statutes, 716. The facts fully appear in the opinion of the court. said that the evidence showed that Philo (the mortgagee,) never contracted for, nor received anything-more than lawful interest; that he had no knowledge and received no part of the bonus paid Wright by Butterfield; that the excess over lawful interest was paid to Wright by Butterfield for procuring the loam.,/ that Wright was the agent of Butterfield in the matter;…
1Opinion of the CourtGrANTT, J.
This is an action upon a note and mortgage which were executed by the defendants to the plaintiff, to secure the payment of a loan of money. The answer -admits two hundred and fifty dollars to be due to the plaintiff for money borrowed, but alleges that the plaintiff ought not to recover, because the note and mortgage were given on an actual loan of two hundred and fifty dollars, and that-the balance of fifty-four dollars expressed in the note was included therein as a bonus, and therefore made the loan usurious. Hence the plea' of usury is the only defense.
All the evidence taken in regard to…
2Cited by7 opinions
- Payne v. NewcombIllinois Supreme Court · 1881
- Vahlberg v. KeatonSupreme Court of Arkansas · 1889
- Federal Mortgage Co. v. State Nat. Bank of CorsicanaCourt of Appeals of Texas · 1923
- Cheney v. WhiteNebraska Supreme Court · 1876
- Courtnay v. PriceNebraska Supreme Court · 1881
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