Corbett v. National Bank of Commerce
Nebraska Supreme Court
Error from the district court of Douglas county. Tried below before Doane, J. cited, contending that the judgment should have been set aside: Sec. 602 of the Code; McCann v. McLennan, 3 Neb., 25; Town of Storm Lake v. Lowa Falls & S. C. Ii. Co., 62 la., 218; Callarían v. JEtna Nat.
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Error from the district court of Douglas county. Tried below before Doane, J. cited, contending that the judgment should have been set aside: Sec. 602 of the Code; McCann v. McLennan, 3 Neb., 25; Town of Storm Lake v. Lowa Falls & S. C. Ii. Co., 62 la., 218; Callarían v. JEtna Nat. Bank, 50 N. W. Rep. [Ia.], 69; Ellis v. Butler, 78 la., 632, and citations; Frazier v. Williams, 18 Ind., 417; Elston v. Schilling, 7 Rob. [N. Y.], 74; Buell v. Emeriah, 85 Cal., 116; Code, sec. 99.
1Opinion of the Court
Ryan, C.
The defendant in error sued the plaintiff in error on two promissory notes made by the latter to the former for the Aggregate sum of over twenty thousand dollars. The defense was that these notes had been given to close up a series of loans in which the usurious interest exacted and paid more than equaled the amount of the aforesaid notes. On the 15th day of March, 1892, in the absence of the plaintiff in error, a judgment was rendered against him for the full amount claimed in the petition. This proceeding in error presents for review the refusal of the district court to set aside…
2Cases cited1 opinion
- City of Lincoln v. StaleyNebraska Supreme Court · 1891
3Cited by2 opinions
- Storz v. FinklesteinNebraska Supreme Court · 1896
- Kramer v. WeigandNebraska Supreme Court · 1911