Clearwater Bank v. Kurkonski
Nebraska Supreme Court
Error from the district court of Antelope county.. Tried below before Allen, J. The facts appear in the opinion. The amount sued for is a penalty. In an action for damages the true measure of plaintiff’s recovery is the damage actually sustained. (Atchison & N. R. Co. v. JBaty, 6 Neb., 40; Boyer v. Barr, 8 Neb., 71; Roose v. Perkins,. 9 Neb., 315; Riewe v. McCormick, 11 Neb., 264; Boldtv..
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Error from the district court of Antelope county.. Tried below before Allen, J. The facts appear in the opinion. The amount sued for is a penalty. In an action for damages the true measure of plaintiff’s recovery is the damage actually sustained. (Atchison & N. R. Co. v. JBaty, 6 Neb., 40; Boyer v. Barr, 8 Neb., 71; Roose v. Perkins,. 9 Neb., 315; Riewe v. McCormick, 11 Neb., 264; Boldtv.. Budwig, 19 Neb., 745.) Satisfaction having been entered before actual damages-were sustained and before suit was brought, there can be no-recovery for the penalty. (Dickenson v. State, 20 Neb., 81.) The…
1Opinion of the CourtNorval, C. J.
This action was brought by Martin Kurkonski against the Clearwater Bank under section 15, chapter 32, of the Compiled Statutes, to recover $50, the fixed damages-therein provided for the failure and refusal of a mortgagee-to release and discharge a chattel mortgage of record after the debt has been paid. The trial resulted in a verdict and/ judgment against the bank for the amount above stated.
The first point argued in the brief is that said section 15, in sq far as it imposes a fixed sum for failure to discharge a chattel mortgage, is unconstitutional. The section was. originally section 74,…
2Cases cited7 opinions
- Vose v. . CockcroftNew York Court of Appeals · 1871
- Delaney v. . BrettNew York Court of Appeals · 1872
- Graham v. KibbleNebraska Supreme Court · 1879
- Pill v. StateNebraska Supreme Court · 1894
- Deeter v. CrossleySupreme Court of Iowa · 1868
2 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- McNish v. General Credit CorporationNebraska Supreme Court · 1957
- Arthur Ex Rel. City of Beatrice v. TrindelNebraska Supreme Court · 1959
- Cram v. Chicago, Burlington & Quincy Railway Co.Nebraska Supreme Court · 1909
- Judy v. ThompsonIndiana Supreme Court · 1901
- Craig Ex Rel. Craig v. Gage CountyNebraska Supreme Court · 1973
11 more not listed; retrieve them via the Exa API.