Prescott v. Cooper

The opinion of the Court was delivered by

Penner, J.

The substantial allegations of plaintiff’s petition for relief in this case are: that in 1879, being- in need of money, he applied' to defendant, Cooper, for a loan to meet certain immediate, pressing-obligations; that Cooper informed him that he himself was the debtor to the Citizens’ Bank for a stock note of $1840, secured by mortgage on his (Cooper’s) plantation, which was payable in nine annual installments, and bore 6-J per cent annual interest; that by obtaining the consent oí the bank to the transaction, he (Prescott) could assume…