Blain v. Willson
Nebraska Supreme Court
Error to the district court for Hall county. Tried below before Harrison, J. The holding in N E. Mtge. Co. v. Aughe, 12 Neb., 504, is a mere diotum and is contrary to the better rule as held ■elsewhere. (Porter v. Mount, 3 Am.
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Error to the district court for Hall county. Tried below before Harrison, J. The holding in N E. Mtge. Co. v. Aughe, 12 Neb., 504, is a mere diotum and is contrary to the better rule as held ■elsewhere. (Porter v. Mount, 3 Am. Law Reg. [N. S.], 493; Wheaton v. Hibbard, 20 Johns. [N. Y.], 291; Schroeppel v. Corniny, 6 N. Y., 107; Tiffany v. Boatman’s Savings Inst., 18 Wall. [U. S.J, 375; 3 Parsons, Cont. [1866 Ed.], 127, and notes.) Especially if the payment is involuntary, it may be recovered back. (Darst v. Broelcway, 11 O., 463; Woodworth v. Huntoon, 40 III., 131.) Richards v. Kowntze, 4…
1Opinion of the CourtNorval, J.
The sole question in this case is: Can the maker of a promissory note tainted with usury, who has been compelled to pay it to an innocent purchaser, recover of the original payee a sum equal to the amount of the usurious consideration ?
The statute relating to usury provides that “If a greater rate of interest than is hereinbefore allowed shall be contracted for or received or reserved, the contract shall not, therefore, be void; but if in any action on such con-' tract proof be made that illegal interest has been directly or indirectly contracted for, or taken, or reserved, the plaintiff…
2Cases cited8 opinions
- Ransom v. HaysSupreme Court of Missouri · 1867
- Hadden v. InnesIllinois Supreme Court · 1860
- New England Mortgage Security Co. v. AugheNebraska Supreme Court · 1882
- Nicholls v. SkeelSupreme Court of Iowa · 1861
- Quinn v. BoyntonSupreme Court of Iowa · 1875
3 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Lee v. HillmanWashington Supreme Court · 1913
- Schlattman v. StoneWyoming Supreme Court · 1973
- Jaffa v. LopezNew Mexico Supreme Court · 1934
- Gross v. CoffeySupreme Court of Alabama · 1895
- Chakford v. SturmSupreme Court of Florida · 1953
13 more not listed; retrieve them via the Exa API.