Legal Opinion

Wood v. Cuthbertson

Supreme Court Of The Territory Of Dakota

Decided October 15, 1884PublishedCited by 6 opinions

Appeal from the District Corn't of Lawrence County. The facts ate stated in the opinion. A contract to do an act forbidden by law is void, and cannot be enforced in a court of justice: Bank of IT. S..v.

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Appeal from the District Corn't of Lawrence County. The facts ate stated in the opinion. A contract to do an act forbidden by law is void, and cannot be enforced in a court of justice: Bank of IT. S..v. Owens, 2 Peters, 527; Tyler on Usury, 377. Separate notes given for usurious interest will not relieve the contract of its usurious character: Cooper v. Tappan, 4 Wis., 362; Delano v. Rood, 1 Gillman, 690; Tyler on Usury, 255-7. Courts will not permit the law to be evaded: Lee et al. v. Peck-ham, 17 Wis., 383; Macumber v. Dumham, 8 Wend., 554; Mer-rills v. Law, 9 Cow., 65. The court will not…

1Opinion of the CourtHudson, J.

This action was brought to foieclose a mortgage upon real estate, given by defendant, Outhbertson, to secure the sum of thirty-five hundred dollars, represented by six promissory notes, as follows: $1500, due six months after date; $1500, due twelve months after date, with interest after due at one per cent, per month; $180, due three months after date; $180, due six months after date; $90, due nine months after date; $90, due twelve months after date. All of said notes were made payable with exchange, and attorney’s fees, in case collection should be enforced by law.

*330This mortgage and these…

2Cases cited6 opinions

  1. Lloyd v. ScottSupreme Court of the United States · 1830
  2. Steele v. WhippleNew York Supreme Court · 1839
  3. Lee v. PeckhamWisconsin Supreme Court · 1863
  4. Towslee v. DurkeeWisconsin Supreme Court · 1860
  5. Gillmore v. WoolcockWisconsin Supreme Court · 1861

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3Cited by6 opinions

  1. Union Savings Ass'n v. CumminsSupreme Court of Oklahoma · 1920
  2. Waddell v. TraylorSupreme Court of Colorado · 1937
  3. People's Bank v. DaltonSupreme Court of Oklahoma · 1894
  4. Melton v. SnowSupreme Court of Oklahoma · 1909
  5. Wilson v. SelbieSouth Dakota Supreme Court · 1895

1 more not listed; retrieve them via the Exa API.

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