Carder v. Wallace
Court Of Appeals Of Indian Territory
Appeal from the United States court for the Northern district. William M. Springer, Judge. Action by J. W. Wallace against A. E. Carder and others. Judgment in favor of plaintiff;. Defendants appeal.
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Appeal from the United States court for the Northern district. William M. Springer, Judge. Action by J. W. Wallace against A. E. Carder and others. Judgment in favor of plaintiff;. Defendants appeal. The appellee (plaintiff below) brought suit against appellants (defendants below) in equity on a promissory note executed by the defendants on March 15, 1898, for the sum of |2,500, due in six months, with interest at 10 per cent, per annum, payable to the order of plaintiff, and to foreclose a mortgage on certain premises in the town of Wagoner, given by said defendants to plaintiff to secure…
1Opinion of the CourtGill, J.
This case turns entirely upon matters of fact, or rather upon the conclusions of the master in chancery and the court below in its judgments on the testimony submitted. The master in chancery to whom the case was referred, reported his conclusions upon the law and the facts. In this case exceptions were filed to the report of the master in chancery, and the court below, upon full presentation of the matter, sustained the master’s conclusions as to the facts, and confirmed his report, and announced its judgment upon such report.
Plea of usuryaffirmative Defense. It seems to be well established…
2Cases cited8 opinions
- Dean v. EmersonMassachusetts Supreme Judicial Court · 1869
- Bayliss v. . CockcroftNew York Court of Appeals · 1880
- Hayes v. HammondIllinois Supreme Court · 1896
- Martin Browne Co. v. MorrisCourt Of Appeals Of Indian Territory · 1897
- Bartholomae & Roesing Brewing & Malting Co. v. SchroederAppellate Court of Illinois · 1897
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