Cahn v. Farmers & Traders Bank
South Dakota Supreme Court
(Syllabus by the Court. Appeal from district court, Brule county, Hon. Bartlett Tripp, Judge. . Action to set aside a judgment and to declare a levy under an attachment a first lien upon certain personal property. Judgment for defendant. Plaintiff appeals. Affirmed. Kellam, Judge, not sitting. The facts so far as material are stated in the opinion. When a judgment is taken by a creditor against a failing debtor, it must not be taken for more than is legally due.
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(Syllabus by the Court. Appeal from district court, Brule county, Hon. Bartlett Tripp, Judge. . Action to set aside a judgment and to declare a levy under an attachment a first lien upon certain personal property. Judgment for defendant. Plaintiff appeals. Affirmed. Kellam, Judge, not sitting. The facts so far as material are stated in the opinion. When a judgment is taken by a creditor against a failing debtor, it must not be taken for more than is legally due. The judgment in this case being knowingly taken for a sum that included usurious interest and for more than was due is void as to…
1Opinion of the CourtCorson, P. J.
On the 17th day of August, 1886, the firm of Wetherell & Kent, retail merchants in the city of Kimball, Brule county, Dakota territory, being indebted to the Farmers’ & Traders’ Bank in the said city of Kimball, in said county, in the sum of §2,408.54 on notes, a part of which were due, 'made a new note for that sum to the bank, payable on demand, with interest at 12 per cent per annum, taking up at the time the old notes. On August 18, 1886, the bank commenced an action upon this note against Wetherell & Kent, in which judgment was rendered by default on September 21, 1886. On December 9,…
2Cases cited7 opinions
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- Inhabitants of Reading v. Inhabitants of WestonSupreme Court of Connecticut · 1829
- Bullard v. . RaynorNew York Court of Appeals · 1864
- Murray v. . Judson and SandsNew York Court of Appeals · 1853
- Bensley v. HomierWisconsin Supreme Court · 1877
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3Cited by1 opinion
- Hill v. Alliance Building Co.South Dakota Supreme Court · 1894