Clarke v. Nebraska Savings & Exchange Bank

Nebraska Supreme Court

Clarke v. Nebraska Savings & Exchange Bank

70 N.W. 237, 50 Neb. 669, 1897 Neb. LEXIS 503

CourtNebraska Supreme Court

DecidedFebruary 16, 1897

DocketNo. 7097

StatusPublished

This text of 70 N.W. 237 (Clarke v. Nebraska Savings & Exchange Bank) is published on Counsel Stack Legal Research, covering Nebraska Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Clarke v. Nebraska Savings & Exchange Bank, 70 N.W. 237, 50 Neb. 669, 1897 Neb. LEXIS 503 (Neb. 1897).

Pincite

Opinion

Ryan, C.

There was a judgment in this case in the district court of Douglas county against the maker and indorser of a promissory note. There is discussed in the brief of counsel but one question, and that is the right of the holder of a note to maintain suit upon it by virtue of a provision that the failure to pay within the time limited would cause the whole sum to become due at the election of the holder, it having been alleged in the answer that after the time limited for the payment of such interest there had been made a tender of such payment. This proposition was not suggested by the petition in error, hence it cannot be considered.

The only question presented upon the record is whether or not interest in excess of that provided by the note was allowed in the judgment. This assignment was not argued, and by computation we have not discovered any error in the respect indicated. The judgment of the district court is therefore

Affirmed.

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Ryan, C.

There was a judgment in this case in the district court of Douglas county against the maker and indorser of a promissory note. There is discussed in the brief of counsel but one question, and that is the right of the holder of a note to maintain suit upon it by virtue of a provision that the failure to pay within the time limited would cause the whole sum to become due at the election of the holder, it having been alleged in the answer that after the time limited for the payment of such interest there had been made a tender of such payment. This proposition was not suggested by the petition in error, hence it cannot be considered.

The only question presented upon the record is whether or not interest in excess of that provided by the note was allowed in the judgment. This assignment was not argued, and by computation we have not discovered any error in the respect indicated. The judgment of the district court is therefore

Affirmed.

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Bluebook (online)

70 N.W. 237, 50 Neb. 669, 1897 Neb. LEXIS 503, Counsel Stack Legal Research, https://law.counselstack.com/opinion/clarke-v-nebraska-savings-exchange-bank-neb-1897.