Blackwell v. Wright
Nebraska Supreme Court
. Error to the district court for Hamilton county. Tried below before Norvau, J. The testimony offered by defendant contradicting their own witness Updike was inapplicable except for impeachment, and inadmissible. (Hooper v. Browning, 19 Neb., 427-8; Strader v. White, 2- Id., 359, 360; 1 Green Ev. (10th Ed.), sec. 442.) Defendant seeks to enforce the penalty in the case of notes made more than a year before cause of action accrued, and is barred by sec. 13 of the Code.
Read the full summary
. Error to the district court for Hamilton county. Tried below before Norvau, J. The testimony offered by defendant contradicting their own witness Updike was inapplicable except for impeachment, and inadmissible. (Hooper v. Browning, 19 Neb., 427-8; Strader v. White, 2- Id., 359, 360; 1 Green Ev. (10th Ed.), sec. 442.) Defendant seeks to enforce the penalty in the case of notes made more than a year before cause of action accrued, and is barred by sec. 13 of the Code. No money damages should be awarded, as the judgment was for the value of the property. (Romburg v. Hughes, 18 Neb., 579; 26…
1Opinion of the Court
Reese, Ch. J.
This was an action in replevin instituted in the district court of Hamilton county by the assignee of the mortgagee for the possession of certain personal property mortgaged by defendant in error to Updike & Titus for the purpose of securing the payment of a promissory note made by defendant to them, which note, it is claimed by plaintiff, was endorsed to them by the payee before maturity, in the due course of trade and for value. The defense presented was that the note was tainted with the vice of usury; that it was a renewal of a number of preceding notes, upon which interest…
2Cases cited1 opinion
- Darst v. BackusNebraska Supreme Court · 1885
3Cited by11 opinions
- Jessup v. DavisNebraska Supreme Court · 1926
- Violet v. RoseNebraska Supreme Court · 1894
- Penhansky v. Drake Realty Construction Co.Nebraska Supreme Court · 1922
- Nathan v. SandsNebraska Supreme Court · 1897
- Exeter National Bank v. OrchardNebraska Supreme Court · 1894
6 more not listed; retrieve them via the Exa API.