PATTAVINA v. PIGNOTTI

No. 35652.

128 N.W.2d 817 (1964)

177 Neb. 217

Filippo PATTAVINA, Appellee, v. Julio PIGNOTTI, Appellant, Impleaded with Wilmer D. Bass, Appellee, Consolidated in District Court with Julio Pignotti, Appellant, v. Filippo Pattavina, Appellee.

Supreme Court of Nebraska.

May 29, 1964.


Attorney(s) appearing for the Case

Larry E. Welch, Joseph H. McGroarty, Omaha, for appellant.

Sam Caniglia, Omaha, Ross Caniglia, Council Bluffs, Iowa, Robert C. Fisk, Omaha, for appellee.

Heard before WHITE, C. J., and CARTER, MESSMORE, YEAGER, SPENCER, BOSLAUGH and BROWER, JJ.


CARTER, Justice.

The present appeal involves two cases that were consolidated for trial in the district court. The first case was a suit to foreclose certain notes and real estate mortgages executed in favor of Filippo Pattavina by Julio and Vincenza Pignotti, husband and wife. The answer pleaded usury as a defense. The second case was a suit by Julio Pignotti against Filippo Pattavina alleging that the notes and mortgages were usurious and praying for a reformation...

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