Lanham v. First National Bank

Nebraska Supreme Court

Lanham v. First National Bank

78 N.W. 369, 58 Neb. 162, 1899 Neb. LEXIS 106

CourtNebraska Supreme Court

DecidedFebruary 23, 1899

DocketNo. 8717

StatusPublished

This text of 78 N.W. 369 (Lanham v. First National 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

Lanham v. First National Bank, 78 N.W. 369, 58 Neb. 162, 1899 Neb. LEXIS 106 (Neb. 1899).

Pincite

Opinion

Irvine, C.

This was an action by Lanham, under the provisions of the act of congress relating to nsnry in contracts with national banks, to recover the penalty for usurious interest alleged to have been paid. Demurrers to the three counts of the petition Avere sustained, the action dismissed, and the case brought to this court for review. It was here held that as to one payment pleaded in the third count of the petition a cause of action not barred by the statute of limitations was pleaded. (Lanham v. First Nat. Bank, 42 Neb. 757.) After the cause had been remanded an ansAver in the form of a general denial was filed and a tidal had which resulted in a verdict for the defendant. The case is again brought here by the plaintiff, and the sole question presented is the sufficiency of the evidence to sustain the verdict. The evidence on neither side was very satisfactory, but on examination we are convinced that it was of such a character as to forbid interference with the action of the jury thereon.

Affirmed.

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Irvine, C.

This was an action by Lanham, under the provisions of the act of congress relating to nsnry in contracts with national banks, to recover the penalty for usurious interest alleged to have been paid. Demurrers to the three counts of the petition Avere sustained, the action dismissed, and the case brought to this court for review. It was here held that as to one payment pleaded in the third count of the petition a cause of action not barred by the statute of limitations was pleaded. (Lanham v. First Nat. Bank, 42 Neb. 757.) After the cause had been remanded an ansAver in the form of a general denial was filed and a tidal had which resulted in a verdict for the defendant. The case is again brought here by the plaintiff, and the sole question presented is the sufficiency of the evidence to sustain the verdict. The evidence on neither side was very satisfactory, but on examination we are convinced that it was of such a character as to forbid interference with the action of the jury thereon.

Affirmed.

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Bluebook (online)

78 N.W. 369, 58 Neb. 162, 1899 Neb. LEXIS 106, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lanham-v-first-national-bank-neb-1899.

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