Barger v. Taylor
Oregon Supreme Court
From Wasco: W. L. Bradshaw, Judge. Suit in equity by John Barger against O. D. Taylor and wife to foreclose two mortgages, securing certain notes. There was a decree allowing a small recovery on one note, and declaring the principal of the second note forfeited for usury, under the terms of section 3589 of Hill’s Code, from which plaintiff appealed.
1Opinion
Argued November 9, 1896: decided January 18, 1897; rehearing denied.
On the Merits.
Opinion by
Mr. Justice Wolverton.
Plaintiff seeks the foreclosure of two certain mortgages by separate causes of suit. The defendant interposed a plea of payments not credited as a partial defense to the first cause, and usury as to the second. The court below sustained the defendant’s contention, and its decree is for plaintiff upon the first for a small balance due, and in favor of the state and against the defendants upon the second. Plaintiff appeals from the whole decree, but without making the state a party,…
2Cases cited13 opinions
- Condit v. . BaldwinNew York Court of Appeals · 1860
- Call v. PalmerSupreme Court of the United States · 1885
- Rogers v. BuckinghamSupreme Court of Connecticut · 1865
- Garrettson v. ScofieldSupreme Court of Iowa · 1876
- Vahlberg v. KeatonSupreme Court of Arkansas · 1889
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