Page:Federal Reporter, 1st Series, Volume 2.djvu/123

 118 FEDERAL REPORTER. �surance that was demanded "in consideration of the loan," it being expressly declared that premiuma amounting to not less than $302 per annum were to be paid to said company. It was further agreed, "in consideration of said loan," that a failure to pay premiuma on the policy of insuranoe should work a forfeiture of ail renewals or extensions of time of pay- ment of the loan, and cause the whole amount thereof, both principal and interest, to become immediately due. The contract of- insurance was very clearly demanded by the plaintiiï as a condition precedent to, and an additional con- sideration for, the loan of the sum of $2,500 to defendant Eobert Kittle. It was a thing of value to the company — a transaction out of which it was to mate a considerable profit ; and, as 12 per cent, per annum had been otherwise contracted for and reaerved, the agreement for additional compensation for said loan rendered the said loan usurioua. To hold other- wise would be not only to disregard the plain terms of the contract, as expressed in the mortgage, but also to point out the way by which insurance companies may easily evade the statutes of the several states prohibiting usury. �In this case the payments which have been made under the name of premiums on the insurance policy must be regarded as paid on account of said loan; the insurance con- tract, made as it was as a cover for usury, being held void. �The statute of Nebraska on the subject of usury in force when this loan was made, to-wit, the eighteenth day of Novem- ber, 1872, will determine the rights of the parties in view of this opinion, and decree will be entered accordingly. �Mr. Justice Milles concurred in the foregoing opinion. ����