Tomblin v. Higgins
Nebraska Supreme Court
The court will apply all payments upon usurious loans as payments on the principal. (Wright v. La/ing, 3 Barn. & C. [Eng.] 165; Rohan v. Hanson, 11 Cush. [Mass.] 44; Keane v. Braden, 12 La. Ann. 20; Storer v. Haskell, 50 Yt. 341; Turner v. Turner, 80 Ya. 379; Nelson v. Hurford, 11 Neb. 465; Know v. Williams, 24 Neb. 630; Exeter Nat. Bank v. Orchard, 39 Neb. 485; Norfolk Nat. Bank v. Sclmenk, 46 Neb. 381; Lanham v. First Nat.
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The court will apply all payments upon usurious loans as payments on the principal. (Wright v. La/ing, 3 Barn. & C. [Eng.] 165; Rohan v. Hanson, 11 Cush. [Mass.] 44; Keane v. Braden, 12 La. Ann. 20; Storer v. Haskell, 50 Yt. 341; Turner v. Turner, 80 Ya. 379; Nelson v. Hurford, 11 Neb. 465; Know v. Williams, 24 Neb. 630; Exeter Nat. Bank v. Orchard, 39 Neb. 485; Norfolk Nat. Bank v. Sclmenk, 46 Neb. 381; Lanham v. First Nat. Bank of Crete,’46 Neb. 663; Montgomery v. Albion Nat. Bank, 50 Neb. 652; Hall v. First Nat. Bank of Fairfield, 30 Neb. 99; McGhee v. First Nat. Bank of Tobias, 40 Neb.…
1Opinion of the Court
Ryan, C.
In. this case an opinion has already been written which was reported in 53 Neb. 92. A rehearing was afterward allowed, and the canse having been reargued, we shall state the conclusion which we have reached and our reasons therefor. The condition of the issues presented is correctly set forth in the opinion above referred to and need not now be described. A very careful examination of the evidence has led us to conclude that by the tangled and numerous transactions involved we were led into an error on the first consideration of this case. The note sued on was dated March 14,1891, and…
2Cases cited5 opinions
- Knox v. WilliamsNebraska Supreme Court · 1888
- Exeter National Bank v. OrchardNebraska Supreme Court · 1894
- Nelson v. HurfordNebraska Supreme Court · 1881
- Norfolk National Bank v. P. Schwenk & Co.Nebraska Supreme Court · 1895
- Tomblin v. HigginsNebraska Supreme Court · 1897
3Cited by2 opinions
- Grigsby v. Thorp Consumer Discount Co. (In Re Grigsby)United States Bankruptcy Court, E.D. Pennsylvania · 1990
- Dailey v. AC Nelsen CompanyNebraska Supreme Court · 1965