Gage v. J. F. Smyth Mercantile Co.
Court of Appeals for the Eighth Circuit
Appeal from the Circuit Court of the United States for the Southeastern Division of the Western District of Missouri. On April 28, 1905, appellees brought a suit in equity against appellants in the circuit court of Pemiscot county, Mo., for the purpose of obtaining an accounting between the J. F. Smyth Mercantile Company and appellants, in regard to a certain loan made by appellants to said company on March 18, 1902. The prayer of the petition also asked that a certain deed…
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Appeal from the Circuit Court of the United States for the Southeastern Division of the Western District of Missouri. On April 28, 1905, appellees brought a suit in equity against appellants in the circuit court of Pemiscot county, Mo., for the purpose of obtaining an accounting between the J. F. Smyth Mercantile Company and appellants, in regard to a certain loan made by appellants to said company on March 18, 1902. The prayer of the petition also asked that a certain deed of trust executed by J. F. Smyth and Katie Smyth and two promissory notes executed by J. F. Smyth and Katie Smyth and…
1Opinion of the CourtCarrand, District Judge
(after stating the facts as above). The claim of the appellees is that the cotton contracts were a scheme or device to cover usurious interest on the loan represented by the two promissory notes of $3,000 each. If this claim is well founded, the amount of money paid by the mercantile company or J. F. Smyth, as damages on the cotton contracts, should be credited on the notes representing the loan of $6,000. The contracts involved in this suit are to be construed with reference to the laws of the state of Missouri, as they are Missouri contracts. Section 3709 of the Revised Statutes of Missouri…
2Cases cited14 opinions
- Tilghman v. ProctorSupreme Court of the United States · 1888
- Kimberly v. ArmsSupreme Court of the United States · 1889
- Furrer v. FerrisSupreme Court of the United States · 1892
- Coder v. ArtsCourt of Appeals for the Eighth Circuit · 1907
- Cockle v. FlackSupreme Court of the United States · 1877
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3Cited by3 opinions
- Lewis v. HickmanSupreme Court of Alabama · 1917
- E. C. Warner Co. v. W. B. Foshay Co.Court of Appeals for the Eighth Circuit · 1932
- Hardin v. Union Trust Co. of PhiladelphiaCourt of Appeals for the Eighth Circuit · 1911