Dodge v. Tulleys
Supreme Court of the United States
APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF NEBRASKA. The court stated the case as ionows: Oa February IT, 1886, the appellants, residents of Hall' County, Nebraska, executed and delivered. two instruments, each dated February 1, 1886, and together given for a loan of $10,000. Both instruments conveyed the same lands.
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APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF NEBRASKA. The court stated the case as ionows: Oa February IT, 1886, the appellants, residents of Hall' County, Nebraska, executed and delivered. two instruments, each dated February 1, 1886, and together given for a loan of $10,000. Both instruments conveyed the same lands. The first was in form a trust deed, executed to L. W. Tulleys, 'trustee, to secure payment of a bond of $10,000, given, to Clarence K. Hesse, due in five years, with interest at 6£ per cent, payable semi-annually. . The second was in form a mortgage to…
1Opinion of the CourtJustice Brewer
Appellants, allege several matters as ground's for reversal.. They claim , that the commission notes represent unlawful interest, or that in any event they should be credited with rebates. Adding the commission notes to the interest named in the bond aggregates only-8| per cent on the money actually loaned, and ten per’-cent is-allowable under the laws of Nebraska. (Comp. Stats. of Nebraska, p. 483, c. 44, sec. 1.)
The claim of a credit for rebates springs from these facts. The title to the land at the time the loan was contracted for and the securities given- was only partly in the…
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- Holland v. ChallenSupreme Court of the United States · 1884
- Ackley School District v. HallSupreme Court of the United States · 1885
- Mersman v. WergesSupreme Court of the United States · 1884
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