Woodruff v. Scruggs
Supreme Court of Arkansas
APPEAL FROM PULASKI CIRCUIT COURT. We submit that the statute ought not to be construed so as to have a retroactive effect, or to make contracts good that were illegal at the time they were made. Baldwin■ vs. Cross, 5 Ark., 510; Crittenden vs. Johnson, 14 Id. 464; Couch vs. McKee, 6 Id. 498. That the repeal of the usury laws did not affect contracts in force at the time of the repeal; see particularly, Mitchell vs. Boggett, 1 Branch, {Fla) 356; Merville vs. Be Blanc, 12 Ba.
Read the full summary
APPEAL FROM PULASKI CIRCUIT COURT. We submit that the statute ought not to be construed so as to have a retroactive effect, or to make contracts good that were illegal at the time they were made. Baldwin■ vs. Cross, 5 Ark., 510; Crittenden vs. Johnson, 14 Id. 464; Couch vs. McKee, 6 Id. 498. That the repeal of the usury laws did not affect contracts in force at the time of the repeal; see particularly, Mitchell vs. Boggett, 1 Branch, {Fla) 356; Merville vs. Be Blanc, 12 Ba. An., 221; Seegar vs. Seegar, 19 III., 121; Root vs. Finney, 11 Wis., 84; Simonton vs. Vail, Id. 90; Brown vs. Haight, 18…
1Opinion of the CourtBennett, J.
The appellee sued the appellant in the Pulaski Circuit Court, on a note executed in 1866, and due in two months. The appellants pleaded usury. To this plea Scruggs demurred.
First, Because there were no usury laws then, when the plea was filed, in this State.
Second, The plea failed to aver specifically, a corrupt intent.
The court below sustained the demurrer — appellants resting, judgment was rendered against them; they appealed to this court.
The first question, for our consideration, is, what was the effect of the repeal of the statute of usury of 1838, by the act of the Legislature of 1868.
Th…
2Cases cited3 opinions
- Grinder v. NelsonCourt of Appeals of Maryland · 1850
- Spann v. BaltzellSupreme Court of Florida · 1847
- Morton v. RutherfordWisconsin Supreme Court · 1864
3Cited by9 opinions
- Ewell v. DaggsSupreme Court of the United States · 1883
- Leach v. Commercial Savings BankSupreme Court of Iowa · 1927
- Willcox v. EdwardsCalifornia Supreme Court · 1912
- Davis v. General Motors Acceptance CorporationNebraska Supreme Court · 1964
- Coe v. Frederick E. Muller & Gulf Pine Co.Supreme Court of Florida · 1917
4 more not listed; retrieve them via the Exa API.