SHULL v. DAIN, KALMAN & QUAIL INC.

No. 41569.

267 N.W.2d 517 (1978)

201 Neb. 260

Daniel L. SHULL, Appellant, v. DAIN, KALMAN & QUAIL, INC., a corporation, Appellee.

Supreme Court of Nebraska.

June 28, 1978.


Attorney(s) appearing for the Case

Robert B. Creager of Berry & Anderson, Lincoln, for appellant.

Knudsen, Berkheimer, Endacott & Beam, Lincoln, for appellee.

Heard before WHITE, C. J., and SPENCER, BOSLAUGH, McCOWN, CLINTON, BRODKEY and WHITE, JJ.


McCOWN, Justice.

This is a declaratory judgment action to determine the usury limit applicable to funds advanced by defendant to plaintiff under the provisions of a stock margin contract. The District Court determined that the usury law of Minnesota was applicable to the margin contract and had been applied, and dismissed plaintiff's petition. Plaintiff has appealed.

This case was tried on a stipulation of facts. The plaintiff, Daniel L. Shull, is a resident...

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