Larson v. First National Bank of Pender
Nebraska Supreme Court
ERROR from the district court for Thurston county. Rehearing of case reported in 62 Nebr., 303. Action upon a promissory note given for the lease of certain Indian lands allotted under the act of congress of February 8, 1887. Plea that the note was void under the statute and, ergo, there could he no recovery even by an innocent holder. Tried below before Evans, J. Peremptory instruction for. plaintiff and judgment accordingly.
1Opinion of the Court
Pound, 0.
This is a rehearing. The former opinion has been criti-cised upon three grounds: That the defendant, plaintiff in error, had not properly pleaded the illegality of the note in suit; that the court overlooked the act of congress of February 28,1891, relating to the leasing of Indian lands; and that the decision is contrary to two prior cases, Nissen v. Turner, 50 Nebr., 272, and Iowa Savings Bank v. Frink,* 1 Nebr. [Unof.], 14, neither of which was referred to. We do not think any of these criticisms well taken.
The first point is that the answer, in setting up the illegality of the…
2Cases cited7 opinions
- Caha v. United StatesSupreme Court of the United States · 1894
- Jones v. United States Mutual Accident Ass'nSupreme Court of Iowa · 1894
- Blasingame v. Home Ins. Co. of City of N.Y.California Supreme Court · 1888
- United States v. WilliamsMontana Supreme Court · 1887
- Bank of River Falls v. German American Insurance Co.Wisconsin Supreme Court · 1888
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3Cited by16 opinions
- Rex Coal Company v. CampbellCourt of Appeals of Kentucky (pre-1976) · 1926
- State v. . R. R.Supreme Court of North Carolina · 1906
- Chicago & Northwestern Railway Co. v. Railroad CommissionWisconsin Supreme Court · 1914
- Keyser v. AllenNebraska Supreme Court · 1948
- Salt Lake Inv. Co. v. Oregon Short Line R.Utah Supreme Court · 1914
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