Matthews v. Georgia State Savings Ass'n
Supreme Court of Arkansas
Appeal from Clay Chancery Court, Western District; Archer Wheatley, Chancellor; The loan is usurious. The payment or charge for interest prior to the time the money was received and the payment of a commisison to Brown and the expenses of McRaven constitute usury.
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Appeal from Clay Chancery Court, Western District; Archer Wheatley, Chancellor; The loan is usurious. The payment or charge for interest prior to the time the money was received and the payment of a commisison to Brown and the expenses of McRaven constitute usury. Webb on Usury, § 308, and note 1; 29 Cyc. 956 and notes 27-8-9; 54 Ark. 566; 29 Cyc. 975 and note 21; 105 Ark. 653. 1. The loan is not usurious. 129 Ark. 167; 74 Ark. 241; Webb on Usury, § 219. 2. Brown’s fee for examining the title and preparing the abstract and McRaven’s expenses did not make the loan usurious. 39 Cyc. 982; Webb…
1Opinion of the Court
HART, J.,
(after stating the fapts). We will first consider the cross-appeal. The chancellor found that A. L. Brown was the agent of the Georgia State Savings Association and was paid a commission of $35, but the chancellor did not find that such commission was paid with the lender’s knowledge express or implied. After giving Matthews credit for the full amount of the commission paid with interest, the court rendered a judgment in favor of the association for the balance due it and entered a decree foreclosing the deed of trust securing the loan.
In the case of Vahlberg v. Keaton, 51 Ark. 534,…
2Cases cited11 opinions
- Eldred v. HartSupreme Court of Arkansas · 1908
- Graham v. FittsSupreme Court of Florida · 1907
- Ammondson v. RyanIllinois Supreme Court · 1885
- Liskey v. SnyderWest Virginia Supreme Court · 1904
- Vahlberg v. KeatonSupreme Court of Arkansas · 1889
6 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Winston v. Personal Finance Co. of Pine Bluff, Inc.Supreme Court of Arkansas · 1952
- McDougall v. HachmeisterSupreme Court of Arkansas · 1931
- Lyttle v. Mathews Investment Co., Inc.Supreme Court of Arkansas · 1937
- Ashland National Bank v. ConleyCourt of Appeals of Kentucky (pre-1976) · 1929
- Robinson v. Rebsamen Ford, Inc.Supreme Court of Arkansas · 1975
10 more not listed; retrieve them via the Exa API.