Stark v. Olsen
Nebraska Supreme Court
Appeal from the district court of Cedar county. Heard below before Norris, J. The facts are stated in the opinion. The stipulation for payment of an attorney’s fee doe» not render the note non-negotiable. (Sea v. Glover, 1 111» App., 335; Garlón v. Kenealy, 12 M. & W. [Eng.], 139 ~ German Mutual Fire Ins. Co. v. Franck, 22 Ind., 364-Chicago Railway Equipment Co. v. Merchants Nat.
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Appeal from the district court of Cedar county. Heard below before Norris, J. The facts are stated in the opinion. The stipulation for payment of an attorney’s fee doe» not render the note non-negotiable. (Sea v. Glover, 1 111» App., 335; Garlón v. Kenealy, 12 M. & W. [Eng.], 139 ~ German Mutual Fire Ins. Co. v. Franck, 22 Ind., 364-Chicago Railway Equipment Co. v. Merchants Nat. Bank., 136 U. S., 268.) A provision in a note allowing the payee to declare the debt due does not impair the negotiability of the instrument. (Heard v. Dubuque County Bank, 8 Neb., 10; Chicago Railway Equipment Co.…
1Opinion of the CourtPost, J.
This is a proceeding for the foreclosure of a mortgage or trust deed executed by the appellees Olsen and wife, covering certain lands in Cedar county. In addition to the mortgagor and wife the Lombard Investment Company and Andrew Burggen were named as defendants, but as their rights are not involved in this appeal they will not be noticed further in this opinion. The mortgage, which was acknowledged before a notary public of Cedar county on the 13th day of March, 1886, .was given to secure payment of the note of Olsen purporting to have been executed at Le Mars, Iowa, March 1, 1886, for…
2Cases cited6 opinions
- Heard v. Dubuque County BankNebraska Supreme Court · 1878
- Lord v. StateNebraska Supreme Court · 1885
- Fitzgerald v. Fitzgerald & Mallory Construction Co.Nebraska Supreme Court · 1894
- Williams v. KeyesMichigan Supreme Court · 1892
- Ruth v. LowreyNebraska Supreme Court · 1880
1 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Cornish v. WoolvertonMontana Supreme Court · 1905
- Scott v. ScottNebraska Supreme Court · 1951
- State Ex Rel. Beck v. Associates Discount Corp.Nebraska Supreme Court · 1959
- Utah State National Bank v. SmithCalifornia Supreme Court · 1919
- Bull v. MitchellNebraska Supreme Court · 1896
17 more not listed; retrieve them via the Exa API.