James Valley Bank v. Nicholas

This action was brought to recover a deficiency due on a promissory note after a sale of property under a mortgage given to secure payment of the said note. Judgment for plaintiff, and defendants appeal.

On the appeal two defenses are urged. The first defense is that the note provided on its face for the payment of usurious interest, and therefore is void. This defense is raised for the first time on the argument in this court. It is not pleaded in the answer, nor was it presented to the trial court on the trial, nor on the motion for a new trial, nor in this court by any assignment of error.…