Legal Opinion

Clement Mortgage Co. v. Johnston

Supreme Court of Oklahoma

Decided October 4, 1921No. 10272PublishedCited by 30 opinions

Error from District Court, Pontotoc County; J. W. Bolen, Judge. Action by B. F. Johnston against the Clement Mortgage Company to recover for alleged usury paid. Judgment for plaintiff, and defendant brings error.

1Opinion of the CourtElting, J.

This suit was commenced by B. F. Johnston, defendant in error, against the Clement Mortgage Company, a corporation, plaintiff in error, in the district court of Pontotoc county, to recover the sum of $966.80 for alleged usury in a loan transaction.

On November 15, 1913, the • plaintiff in error, defendant below, loaned the plaintiff $1,100 for the term of ten years, which loan was evidenced by a principal promissory note for said sum bearing date of November 15, 1913, and due and payable January 1. 1924, with interest at- six per cent, per an-num payable annually; the annual interest payments…

2Cases cited16 opinions

  1. Dugan v. LewisTexas Supreme Court · 1891
  2. Covington v. FisherSupreme Court of Oklahoma · 1908
  3. Nichols v. FearsonSupreme Court of the United States · 1833
  4. Georgia Southern & Florida Railroad v. Mercantile Trust & Deposit Co.Supreme Court of Georgia · 1894
  5. Eldred v. HartSupreme Court of Arkansas · 1908

11 more not listed; retrieve them via the Exa API.

3Cited by30 opinions

  1. Sharp v. Mortgage Security Corp. of AmericaCalifornia Supreme Court · 1932
  2. Westman v. DyeCalifornia Supreme Court · 1931
  3. French v. Mortgage Guarantee Co.California Supreme Court · 1940
  4. Easton v. Butterfield Live Stock Co.Idaho Supreme Court · 1929
  5. American Inv. Co. v. LyonsNew Mexico Supreme Court · 1923

25 more not listed; retrieve them via the Exa API.

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