Cook v. Ottawa University
Supreme Court of Kansas
Error from, EranMin District Court. Foreclosure, brought by Cooh', (as assignee of one Libby, the mortgagee,) against the Ottawa University and two others. The note for which the mortgage was given as security was for $2,000 with interest at twenty per cent, from date. The pleadings and essential facts are sufficiently stated in the opinion, infra. The case was tried before A.W. B., referee.
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Error from, EranMin District Court. Foreclosure, brought by Cooh', (as assignee of one Libby, the mortgagee,) against the Ottawa University and two others. The note for which the mortgage was given as security was for $2,000 with interest at twenty per cent, from date. The pleadings and essential facts are sufficiently stated in the opinion, infra. The case was tried before A.W. B., referee. He held the note to be usurious; that the principal only could be recovered, and he reported that plaintiff Cooh since going into possession of the mortgaged property had for his own convenience made…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
This was an action on a note and mortgage. The petition alleged that the Ottawa University executed a note and mortgage to one Washington Libby; that the latter duly assigned the same to plaintiff; that the note was unpaid, and that the other defendants John T. and Jane K. Jones claimed some interest in the mortgaged premises, and prayed a decree of foreclosure and sale. The University answered, pleading usury in the note, which upon its face drew twenty per cent, interest, and admitting the answers of its co-defendants. The other defendants…
2Cases cited1 opinion
- Mickles v. . Dillaye and OthersNew York Court of Appeals · 1858
3Cited by7 opinions
- Gillett v. RomigSupreme Court of Oklahoma · 1906
- Farmers' & Merchants' Bank v. Bank of Glen ElderSupreme Court of Kansas · 1891
- Oberlander v. ConfreySupreme Court of Kansas · 1888
- Mason v. RyusSupreme Court of Kansas · 1881
- State v. HortonSupreme Court of Kansas · 2011
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