Courtnay v. Price
Nebraska Supreme Court
This was an action in district court for Lancaster' county, for the foreclosure of a mortgage, given by defendants to secure a note of $1,000, payable to Henry Atkins, and by him assigned to plaintiff. Defense — usury, and the court, Pound, L, presiding, so found. Decree for plaintiff for $536.65, and judgment against her for costs. She appeals.
1Opinion of the CourtLake, J.
It is a settled rule of this court that if. an agent,, intrusted with the business of loaning money, exacts for its use, either directly or indirectly, by whatsoever shift or device, interest in excess of the legal rate, the transaction will be judged usurious. Philo v. Butterfield, 3 Neb., 256. Cheney v. White, 5 Id., 261. Same v. Woodruff, 6 Id., 151. Same v. Eberhardt, 8 Id., 423.
Another rule equally 'well established is that, upon questions of fact, this court will not interfere with the finding of a trial court, unless it is clearly unsupported by the evidence. Armstrong v. Freeman, 9…
2Cases cited2 opinions
- Armstrong v. FreemanNebraska Supreme Court · 1879
- Philo v. ButterfieldNebraska Supreme Court · 1874
3Cited by11 opinions
- Fitzgerald v. Fitzgerald & Mallory Construction Co.Nebraska Supreme Court · 1894
- Mallard v. First National BankNebraska Supreme Court · 1894
- State v. SellNebraska Supreme Court · 1979
- Chamberlain v. GrimesNebraska Supreme Court · 1894
- Inglehart v. LullNebraska Supreme Court · 1903
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