Seaver v. Ray
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. James H. Blover, Judge. (1) The amendment of the petition or statement was a changing of the issues in the circuit court from those upon which suit was originally brought. This proposition is elemental. Powell y. Shipps, 85 Mo. App. 467. (2) The only disputed fact is as to the payment of the fifth $7.50. Four payments are admitted. Defendants claim they made five. Ray states positively that he paid Seaver. Seaver does not deny it.
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Appeal from Jackson Circuit Court. — Hon. James H. Blover, Judge. (1) The amendment of the petition or statement was a changing of the issues in the circuit court from those upon which suit was originally brought. This proposition is elemental. Powell y. Shipps, 85 Mo. App. 467. (2) The only disputed fact is as to the payment of the fifth $7.50. Four payments are admitted. Defendants claim they made five. Ray states positively that he paid Seaver. Seaver does not deny it. The only evidence against this payment is from the bookkeeper who only knows that the hooks don’t show the payment— hut he…
1Opinion of the CourtEllison, J.
— This action was brought before a justice of the peace. On appeal to the circuit court plaintiff recovered judgment.
The subject of the action is a promissory note filed with the justice for one hundred dollars loaned to defendant by plaintiff’s assignor and- for which usurious interest was charged, to exceed two per cent per month. To charge usury in excess of two per cent a month is made a misdemeanor by our statute (section 2358, Revised Statutes 1899) and subjects the offender to *81fine and imprisonment. It being thus unlawful, defendant insists that tbe contract is void and that neither…
2Cases cited4 opinions
- Citizens' National Bank v. DonnellSupreme Court of Missouri · 1903
- Citizens National Bank v. DonnellSupreme Court of Missouri · 1906
- Warner v. CloseMissouri Court of Appeals · 1906
- Waite v. BartlettMissouri Court of Appeals · 1893
3Cited by1 opinion
- Bowman v. StrotherMissouri Court of Appeals · 1910