Hackett, Recr. v. Kripke

This is an appeal on questions of law. The record shows that there were two separate issues before the trial court. One, which arose upon the petition, was the rate of interest chargeable on a promissory note; the other, as to set-off presented by the cross-petition, was based upon a claimed contract of a national bank, the payee of the note sued upon, to repurchase for the purchase price certain bonds sold by it to one of the makers of the note.

Trial by jury was waived and the court found for the defendants on both issues, and the plaintiff appealed. The facts and discussion of these matters…