Young v. Hibbs
Nebraska Supreme Court
Error from the district court for Lancaster county. Tried below before Weaver, J. It was an action brought by the defendant in error against the plaintiffs in error, in the probate court of Lancaster county, to recover of the plaintiffs in error the sum of $300, and interest, on a promissory note, dated November 18, 1869. The defendant in error there had judgment; plaintiffs in error appealed to the district court.
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Error from the district court for Lancaster county. Tried below before Weaver, J. It was an action brought by the defendant in error against the plaintiffs in error, in the probate court of Lancaster county, to recover of the plaintiffs in error the sum of $300, and interest, on a promissory note, dated November 18, 1869. The defendant in error there had judgment; plaintiffs in error appealed to the district court. The defendants answered separately — John M. and James O. Young, Cyrus Carter, and John M. McKesson plead as first defense, usury; and as a second defense, that defendant in error,…
1Opinion of the CourtGantt, J.
It appears that after the note sued on in this action became due, three of the makers thereof made and gave to the payee other notes for the same debt — the payee retaining the original note; and in the second count of the separate answer of John M. Young, James O. Young and C. Carter, it is alleged that the defendant in error agreed to and did receive and accept these new notes in full payment and satisfaction of the note in suit. It is also alleged that the note sued on was- given upon an usurious contract. In his reply the defendant in error denies these allegations. The evidence offered…
2Cases cited13 opinions
- Muldon v. WhitlockNew York Supreme Court · 1823
- Hushes v. WheelerCourt for the Trial of Impeachments and Correction of Errors · 1827
- Weakly v. Bell & SterlingSupreme Court of Pennsylvania · 1840
- Day & Penfield v. Leal & LealNew York Supreme Court · 1817
- Ackley v. KelloggNew York Supreme Court · 1828
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3Cited by7 opinions
- Caldwell v. HallSupreme Court of Arkansas · 1887
- Willan v. FarrarNebraska Supreme Court · 1963
- Harvey v. First National BankNebraska Supreme Court · 1898
- Gilland v. HoneywellNebraska Supreme Court · 1918
- Everett v. HoblemanNebraska Supreme Court · 1884
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