Richards v. Kountze
Nebraska Supreme Court
Error to the district court of Douglas county. The action was upon four promissory notes, executed by Richards, the plaintiff in error, dated April 6, 1870, payable one year after date with interest at the rate of ten per cent per annum, secured by mortgages upon real estate situated in Omaha, and made payable to the order of John A. Parker.
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Error to the district court of Douglas county. The action was upon four promissory notes, executed by Richards, the plaintiff in error, dated April 6, 1870, payable one year after date with interest at the rate of ten per cent per annum, secured by mortgages upon real estate situated in Omaha, and made payable to the order of John A. Parker. The notes and mortgage securities were assigned by Parker to Augustus and Herman Kountze, who afterwards assigned them to the First National Bank, by whom they were assigned to Herman Kountze, the defendant in error, who brought this suit to foreclose the…
1Opinion of the CourtGantt, J.
It is contended that the indorsement of the agreement on the notes by Eichards, the plaintiff in error, affected the original contract of debt with the vice of usury; and therefore, it is insisted that the decree was rendered for too large an amount, and is contrary to law and ought to be reversed. The question thus presented for consideration is, does the promise indorsed on the notes taint the original contract with the vice of usury? In the determination of this question, I think it is sufficient to observe that the rules of law in respect to usury seem to be well settled, and that they…
2Cases cited7 opinions
- Breedlove & Robeson v. Nicolet & SiggSupreme Court of the United States · 1833
- Rice v. Welling & FakeNew York Supreme Court · 1830
- Crane v. HubbelNew York Court of Chancery · 1839
- Willmarth v. CrawfordNew York Supreme Court · 1833
- Rogers v. RathbunNew York Court of Chancery · 1815
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- State Ex Rel. Beck v. Associates Discount Corp.Nebraska Supreme Court · 1959
- Cousins v. GreyTexas Supreme Court · 1883
- Nichols v. Houghton Circuit JudgeMichigan Supreme Court · 1915
- Lincoln Building & Saving Ass'n v. GrahamNebraska Supreme Court · 1878
- Dell v. OppenheimerNebraska Supreme Court · 1880
5 more not listed; retrieve them via the Exa API.