Carey v. Discount Corp.

DISSENTING OPINION OF

LE BARON, J.

I respectfully dissent.

The court is here called upon to decide the somewhat technical question of whether the remedy afforded a borrower in an action by a lender upon a contract, tainted with usury, under section 7053, R. L. H. 1935, is exclusive and abrogates the borrower’s common-law right to bring an action of assumpsit to recover usury or whether the statutory remedy is cumulative only and enlarges the protection given to a borrower at common law.

If section 7053 is to be interpreted as exclusive, an exacting lender can force the borrower as his contractual…