Legal Opinion

Bent v. Philbrick

Supreme Court of Kansas

Decided January 15, 1876PublishedCited by 15 opinions

Error from Butler District Cowri. Action by Bent as plaintiff, against Philbrick and wife, to foreclose a mortgage. Trial at the August Term 1874. Verdict and judgment in favor of the plaintiff for $596. The amount claimed by plaintiff was $650, with interest, protest damages, and protest fees. And because the verdict and j udgment were too small, plaintiff brings the case here on error. The facts and proceedings are stated in the opinion.

1Opinion of the Court

The opinion of the court -was delivered by

Brewer, J.:

This was an action to foreclose a note and mortgage. The note was payable to Brown Bros., was indorsed by them to one R. B. Waite, and by him to the plaintiff. All this, as admitted by the pleadings, took place before maturity. The answer, admitting that $500 was due, (that being the amount' actually borrowed and received by defendants,) and offering a judgment, alleged that the balance of the note, $150, was for illegal and usurious interest, and that the plaintiff “took and received said note with full and complete knowledge of the nature…

2Cases cited1 opinion

  1. Leavenworth, Lawrence & Galveston Railroad v. RiceSupreme Court of Kansas · 1872

3Cited by15 opinions

  1. Atchison, Topeka & Santa Fe Railroad v. AyersSupreme Court of Kansas · 1895
  2. Briggs v. EgganSupreme Court of Kansas · 1877
  3. City of Wyandotte v. GibsonSupreme Court of Kansas · 1881
  4. Clay v. Hildebrand Bros.Supreme Court of Kansas · 1886
  5. Johnson v. HusbandSupreme Court of Kansas · 1879

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