Cheney v. Dunlap
Nebraska Supreme Court
Appeal from the district court for Johnson county. Heard below before Appelget, J. Defendants Easterday and Pella are strangers to the contract and cannot plead usury. (Sternbergv. Callanan, 14 la., 255; Drake v. Chandler, 18 Gratt. [Va.], 909; Stephens v. Muir, 8 Ind., 352; Huston v. Stringham, 21 la., 36; Farmers’, ete., Bank v. Kimmel, 1 Mich., 84; Loomis v. Eaton, 32 Conn., 550; Ransom v. Hays, 39 Mo., 445.) Defendant Dunlap is estopped'to set up usury as a defense.
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Appeal from the district court for Johnson county. Heard below before Appelget, J. Defendants Easterday and Pella are strangers to the contract and cannot plead usury. (Sternbergv. Callanan, 14 la., 255; Drake v. Chandler, 18 Gratt. [Va.], 909; Stephens v. Muir, 8 Ind., 352; Huston v. Stringham, 21 la., 36; Farmers’, ete., Bank v. Kimmel, 1 Mich., 84; Loomis v. Eaton, 32 Conn., 550; Ransom v. Hays, 39 Mo., 445.) Defendant Dunlap is estopped'to set up usury as a defense. (,Mechanics’ Bank v. Townsend, 29 Barb. [N. Y.], 569. See also Colebrooke, Collateral Securities, sec. 138; Horn v. Cole, 51…
1Opinion of the CourtMaxwell, J.
On January 9th, 1889, the plaintiff filed a petition in the district court of Johnson county stating his cause of action to be:
That on March 10,1877, the defendant Andrew J. Dunlap made and delivered to Prentiss D. Cheney his five promissory notes, payable to the order of said Cheney, each for $42, due respectively in one, two, three, four and five years after said date, with twelve per cent interest after maturity.
That before the maturity of any of said notes said Cheney, for a valuable consideration, sold and indorsed the same, without recourse, to ¥m. G. Datvis, now deceased, who ever…
2Cases cited8 opinions
- Ransom v. HaysSupreme Court of Missouri · 1867
- Pritchett v. MitchellSupreme Court of Kansas · 1876
- Mordecai v. StewartSupreme Court of Georgia · 1867
- Loomis v. EatonSupreme Court of Connecticut · 1865
- Burlington & Missouri River Railroad v. Lancaster CountyNebraska Supreme Court · 1876
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