Legal Opinion
Scarr v. Boyer
Montana Supreme Court
Decided October 8, 1991No. 91-070PublishedCited by 7 opinions
1Opinion of the CourtJustice Trieweiler
L.E. Scarr sued James and JoAnn Boyer to recover $70,000 due under a promissory note. The Boyers filed a counterclaim alleging usury. Both parties moved for summary judgment. The District Court for the Thirteenth Judicial District in Yellowstone County granted summary judgment for Scarr on the note itself and granted summary judgment for the Boyers on their counterclaim for usury. Scarr appeals from the order of the District Court. We affirm.
The issues are:
1. Did the District Court err in applying the usury penalty to a contractual provision for post-default interest?
2. Did the District Court…
2Cases cited4 opinions
- Parks, Administrator v. LubbockTexas Supreme Court · 1899
- Ulvilden v. SorkenSouth Dakota Supreme Court · 1931
- Montana National Bank of Bozeman v. KolokotronesMontana Supreme Court · 1975
- Metro Hauling, Inc. v. DaffernCourt of Appeals of Washington · 1986
3Cited by7 opinions
- Brummer v. TMG Life Insurance (In Re Brummer)United States Bankruptcy Court, D. Montana · 1992
- Lieberman v. Emigrant Mortgage Co.District Court, D. Connecticut · 2006
- Roll Ex Rel. Ralph D. Kaiser Co. v. Rothenberg (In Re Rothenberg)District Court, District of Columbia · 1996
- Samson v. Western Capital Partners LLC (In re Blixseth)United States Bankruptcy Court, D. Montana · 2013
- Olympic Coast Investment, Inc. v. Wright (In Re Wright)United States Bankruptcy Court, D. Montana · 2000
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