Pullis v. Somerville
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Eon. D. D. Fisher, Judge. (1) The referee erred in his finding that plaintiff did not accept deeds to the two Westminster Place houses. (2) The referee’s method of calculating interest is illegal. Darling v. Potts, 118 Mo. 528. Especially as he has allowed compound interest which is not lawful unless specially contracted for in writing.
Read the full summary
Appeal from St. Louis City Circuit Court. — Eon. D. D. Fisher, Judge. (1) The referee erred in his finding that plaintiff did not accept deeds to the two Westminster Place houses. (2) The referee’s method of calculating interest is illegal. Darling v. Potts, 118 Mo. 528. Especially as he has allowed compound interest which is not lawful unless specially contracted for in writing. R. S. 1899, sec. 3711; Storage Co. v. Glasner, 169 Mo. 46; Riney v. Hill, 14 Mo. 500; Stoner v. Evans, 38 Mo. 461; Gas Co. v. St. Louis, 82 Mo. 202, 11 Mo. App. 78; Way v. Priest, 87 Mo. 182; State ex rel. v.…
1Opinion of the CourtValliant, J.
This is an action to recover moneys loaned by plaintiff to defendant. The first item mentioned in the petition is $3,500, a legacy under the will of Jason Crawford bequeathed to defendant in trust to pay the interest to testator’s sister, Elizabeth Somerville, during her life, and the principal to the plaintiff at the death of Elizabeth; Elizabeth died September 22, 1883, and plaintiff then being entitled to the principal loaned it to the defendant at his request on the agreement that he would pay it to plaintiff on demand and eight per cent interest per annum. The petition also states that…
2Cases cited7 opinions
- Cruce v. CruceSupreme Court of Missouri · 1884
- Grubbs v. ConesSupreme Court of Missouri · 1874
- Bobb v. BobbSupreme Court of Missouri · 1886
- Vogt v. ButlerSupreme Court of Missouri · 1891
- State ex rel. Spaulding v. PetersonSupreme Court of Missouri · 1897
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Dorrance v. DorranceSupreme Court of Missouri · 1912
- State ex rel. Fenn v. McQuillinSupreme Court of Missouri · 1914
- State Ex Inf. McKittrick v. StonerSupreme Court of Missouri · 1941
- Zoglin v. LaylandMissouri Court of Appeals · 1959
- Jarvis v. Chicago, Burlington & Quincy RailroadSupreme Court of Missouri · 1931
5 more not listed; retrieve them via the Exa API.