Leonard v. Cox
Nebraska Supreme Court
Appeal by plaintiff from a decree of foreclosure granted in his favor, but for less than the amount claimed, in the district court of Lancaster county. Tried below before Pound, J.
1Opinion of the Court
Maxwell, Ch. J.
This is an action to foreclose a mortgage. The defense is usury. The court below, without a finding as to usury in the contract, rendered a decree in favor of the plaintiff for the balance of the principal due, without interest or costs. The plaintiff appeals to this court. It appears from the record that the plaintiff is a resident of Janesville, Wisconsin, and that the defendants are residents of this state; that about the first of May, 1876, the plaintiff, being in Lincoln, entered into a contract with the defendant, Bartholomew Cox, to loan him $1,500, to be secured by…
2Cited by2 opinions
- Rose v. MunfordNebraska Supreme Court · 1893
- McKinley-Lanning Loan & Trust Co. v. AldrichNebraska Supreme Court · 1897