Legal Opinion

Waldner v. Bowden State Bank

North Dakota Supreme Court

Decided December 27, 1904PublishedCited by 13 opinions

Appeal from District Court, Wells county; Glaspell, J. Action by Joseph F. Waldner against the Bowden State Bank. Judgment for plaintiff. Defendant appeals. Under section 4066, Rev. Codes 1899, the plaintiff must allege that the usurious interest was- knowingly taken. The statute is penal, and the illegal contract must be precisely set forth. Blaine v. Curtis, 59 Vt. 120, 59 Am.

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Appeal from District Court, Wells county; Glaspell, J. Action by Joseph F. Waldner against the Bowden State Bank. Judgment for plaintiff. Defendant appeals. Under section 4066, Rev. Codes 1899, the plaintiff must allege that the usurious interest was- knowingly taken. The statute is penal, and the illegal contract must be precisely set forth. Blaine v. Curtis, 59 Vt. 120, 59 Am. Rep. 702; Livermore v. Boswell, 4 Mass. 43-7; Morrill v. Fuller, 7 Johns. 402; Schuyler Nat’l Bank v. Bollung, 40 N. W. 411; Henderson National Bank v. Aleves, 15 S. W. 132. Failure to demur to a complaint does not…

1Opinion of the CourtMorgan, C. J.

Action to recover a judgment for money paid to the defendant by plaintiff on a usurious contract. The complaint alleges that the defendant loaned plaintiff $265, and that he gave it his note for $315, bearing interest at ten per cent, per annum, and that it was agreed between them that plaintiff should pay twelve per cent, per annum as interest on said sum of $315.70 on April 9, 1903, about thirteen months after the note was given. Plaintiff seeks to recover twice the amount of interest paid on the note, together with twice the $50 paid as bonus. Plaintiff asks judgment for $182.40 — twice…

2Cases cited14 opinions

  1. Commonwealth Title Insurance & Trust Co. v. DokkoSupreme Court of Minnesota · 1898
  2. Stutsman County v. MansfieldSupreme Court Of The Territory Of Dakota · 1888
  3. Henderson National Bank v. AlvesCourt of Appeals of Kentucky · 1891
  4. Lebanon National Bank v. KarmanySupreme Court of Pennsylvania · 1881
  5. Louisville Trust Co. v. Kentucky Nat. BankU.S. Circuit Court for the District of Kentucky · 1898

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

3Cited by13 opinions

  1. Haines v. Commercial Mortgage Co.California Supreme Court · 1927
  2. Miller v. Oklahoma State Bank of AltusSupreme Court of Oklahoma · 1915
  3. Baum v. DanielsCourt of Appeals of Texas · 1909
  4. Walters v. RockNorth Dakota Supreme Court · 1908
  5. State v. HarrisNorth Dakota Supreme Court · 1905

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

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