Tompkins v. Batie
Nebraska Supreme Court
Error to the district court of Bodge county. The case was replevin to recover possession of certain personal property which the defendant, Batie, had mortgaged to secure notes executed by him to Reynolds, who assigned same to Eirst National Bank of Eremont, who assigned same to Tompkins.
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Error to the district court of Bodge county. The case was replevin to recover possession of certain personal property which the defendant, Batie, had mortgaged to secure notes executed by him to Reynolds, who assigned same to Eirst National Bank of Eremont, who assigned same to Tompkins. Batie’s answer alleged, in substance, that plaintiff’s only claim to the property arose from a pretendedpurchase of the chattel mortgage, whereby the property had been conveyed to one "Wilson Reynolds; that the notes were usurious, and after they became due and while yet in possession of the property he,…
1Opinion of the CourtLake, J.
The principal question in this case was raised in the court below by an instruction to the jury, of which the following is a copy: “ If you find from the evidence that illegal interest has been taken pr contracted'for, and that the bank was not the bona fide holder thereof” (the note and mortgage), “then, to make the tender sufficient in amount, it was enough for Batie to tender the sum received by him without any interest; and in order to discharge the lien of the mortgage, such tender, if refused, need not be kept good, or the money brought into court.” ,
The act of tender here referred to…
2Cases cited5 opinions
- Kortright v. . CadyNew York Court of Appeals · 1860
- Wood v. HitchcockNew York Supreme Court · 1838
- Crain v. McGoonIllinois Supreme Court · 1877
- Perre v. CastroCalifornia Supreme Court · 1860
- Adams v. Nebraska City National BankNebraska Supreme Court · 1876
3Cited by21 opinions
- M. P. Musser & Co. v. KingNebraska Supreme Court · 1894
- Pittsburg Plate Grass Co. v. LearySouth Dakota Supreme Court · 1910
- Knox v. WilliamsNebraska Supreme Court · 1888
- Te Poel v. ShuttNebraska Supreme Court · 1899
- Kuhns v. Chicago, Milwaukee & St. Paul R'y Co.Supreme Court of Iowa · 1885
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