First National Bank v. McCarthy
South Dakota Supreme Court
Appeal from circuit court, Pennington county; Hon. Levi McGee, Judge. Action by tbe First National Bank of Rapid City, S. D., against Patrick B. McCarthy and others, to foreclose a real estate mortgage. From a judgment for plaintiff, defendants .Patrick B. McCarthy and another alone appeal.
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Appeal from circuit court, Pennington county; Hon. Levi McGee, Judge. Action by tbe First National Bank of Rapid City, S. D., against Patrick B. McCarthy and others, to foreclose a real estate mortgage. From a judgment for plaintiff, defendants .Patrick B. McCarthy and another alone appeal. As between the parties to a usurious loan, the taint of usury attaches to all subsequent contracts and securities however remote, substituted for or given in renewal of the original debt; and the debtor, until the usurious element is expunged, has the same right of defending against the last substitute or…
1Opinion of the CourtCorson, P. J.
This is an action for the foreclosure1 of a mortgage, in which usury and certain othér defenses were’ pleaded by the defendants Patrick and Maggie McCarthy,' who alone appealed from a judgment in favor of the plaintiff and from an order denying their application fdr a Uew-trial.
This beingj.an action in equity, triable by the court, its,: charge in submitting certain issues to a jury, thé conduct of counsel in. argument before the' jury,- and- the* conduct of the jury, are ...not subject to review.- Assignments of .error.- relating thereto demand no considera tion,. It was wholly within the…
2Cases cited27 opinions
- Randall v. Burk TownshipSouth Dakota Supreme Court · 1893
- Brown v. Marion National BankSupreme Court of the United States · 1898
- Walsh v. MayerSupreme Court of the United States · 1884
- National Bank v. . LewisNew York Court of Appeals · 1878
- Bridge v.HubbardMassachusetts Supreme Judicial Court · 1818
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- Lounsberry v. KellySouth Dakota Supreme Court · 1913
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- Bates v. SmithSouth Dakota Supreme Court · 1925
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