Grand Island Finance Co. v. Besack

Nebraska Supreme Court
Grand Island Finance Co. v. Besack, 124 Neb. 522 (Neb. 1933)
247 N.W. 433; 1933 Neb. LEXIS 79
Day, Dean, Eberly, Good, Goss, Paine, Rose

Grand Island Finance Co. v. Besack

Dissenting Opinion

Good, J.,

dissenting.

I dissent from the holding in this case for the reasons given in my dissent in Grand Island Finance Co. v. Fowler, ante p. 514.

Opinion of the Court

Rose, J.

This is an action of replevin for an automobile for the purpose of foreclosing a chattel mortgage thereon. *523The district court sustained the defense of usury, canceled the chattel mortgage and forfeited the principal debt and interest. Plaintiff appealed.

The case was tried with Grand Island Finance Co. v. Fowler, ante, p. 514, and for reasons stated in the opinion therein the judgment below is reversed, with directions to the district court to enter a judgment in favor of plaintiff and against defendant.

Reversed.

Reference

Full Case Name
Grand Island Finance Company v. Sidney B. Besack
Status
Published