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Omaha Loan & Trust Co. v. Hanson

Omaha Loan & Trust Company v. Lars Hanson

Omaha Loan & Trust Co. v. Hanson, 65 N.W. 1058 (Neb. 1896)
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Court
Nebraska Supreme Court · State Highest Courts
Decided
January 22, 1896
Docket
No. 6941
Citations
65 N.W. 105846 Neb. 8701896 Neb. LEXIS 541
Headnotes
1. Usury. Where by the terms of a promissory note it is provided that it shall bear interest until maturity at a given rate, and thereafter at a higher lawful rate, such contract is not usurious, nor is the agreement for the higher rate of interest after maturity a mere penalty. 2. Interest. It is the duty of the court in computing the amount due on such an instrument to allow interest until maturity at the lower rate and thereafter at the higher rate.
Summary
Appeal from the district court of Douglas county. Heard below before Walton, J.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court

Text extracted by OCR from a scanned original; check the original for exact wording.

Post, C. J.

This is an appeal from a decree of the district court for Douglas county, the only question presented by the record being the validity of a provision of a promissory note for the payment of interest at six per cent per annum until maturity, and at a rate of ten. per cent thereafter. The identical question was considered in Havemeyer v. Paul, 45 Neb., 373 , in which, overruling Richardson v. Campbell, 34 Neb., 181 , the validity of the foregoing provision was sustained. . The decree of the district court will accordingly *871 foe reversed and the cause remanded, with directions to compute interest in accordance with the rule .herein approved.

Reversed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1898: 11899: 11916: 11933: 11964: 11966: 21973: 118982026peak 1966 · 2

Relies on it most ⓘ

  1. Cornett v. White Motor Corporation209 N.W.2d 341 (Neb. 1973)
  2. Black Ranches, Inc. v. Strand362 F.2d 8 (8th Cir. 1966)
  3. National Life Ins. Co. v. Hale1916 OK 53, 154 P. 536
  4. Black v. Strand362 F.2d 8 (8th Cir. 1966)
  5. Moffitt-Harrison Builders, Inc. v. Sandman129 N.W.2d 524 (Neb. 1964)
  6. Western Securities Co. v. Naughton248 N.W. 56 (Neb. 1933)

Most recent

  1. Cornett v. White Motor Corporation209 N.W.2d 341 (Neb. 1973)
  2. Black Ranches, Inc. v. Strand362 F.2d 8 (8th Cir. 1966)
  3. Black v. Strand362 F.2d 8 (8th Cir. 1966)
  4. Moffitt-Harrison Builders, Inc. v. Sandman129 N.W.2d 524 (Neb. 1964)
  5. Western Securities Co. v. Naughton248 N.W. 56 (Neb. 1933)
  6. National Life Ins. Co. v. Hale1916 OK 53, 154 P. 536

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
Havemeyer v. Paul, 63 N.W. 932 (Neb. 1895) 22
Richardson v. Campbell, 51 N.W. 753 (Neb. 1892) 12

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