Legal Opinion

Sulek v. McWilliams

Supreme Court of Arkansas

Decided December 19, 1903PublishedCited by 9 opinions

Appeal from Prairie Chancery Court. Jno. M. EruoTT, Chancellor. The taking of the bonus of $407.09, over the legal rate of interest,, constituted usury.

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Appeal from Prairie Chancery Court. Jno. M. EruoTT, Chancellor. The taking of the bonus of $407.09, over the legal rate of interest,, constituted usury. Const, art. 19, § 13; Sand. & H. Dig., §§ 5077, 5084, S085, 5086; 55 Ark. 143; 51 Ark. 534; 51 Ark. 346; 54 Ark. 155; 64 Ark. 249; Webb, Usury, 93. Courts look to the real nature of a transaction in determining questions of usury, regardless of forms. 53 Ark. 454; 47 Ark. 287; 66 Ark. 460; 54 Ark. 40; Webb, Usury, 80; 55 Ark. 268; 36 Ark. 248; 47 Ark. 287; 50 N. Y. 437; 78 Ga. 635; 90 N. Y. 549; 100 Pa. St. 351; 46 la. 144; 91 N. Y. 199. The…

1Opinion of the CourtHughes, J.

This is an appeal from a decree in the Prairie chancery court foreclosing a mortgage given by Anton Sulek and his wife, Anna Sulek, to Geo. C. Lewis, on the 16th of January, 1899, upon lands therein described, to-wit, the west half of section 29, and the east half of section 30, all in township 1 south, range 5 west, in Prairie county, Arkansas, which mortgage was made to secure to said Lewis the payment of six notes for $800 each and interest thereon, in the aggregate $4,800, and which said mortgage and notes had been transferred and assigned by the said Geo. C. Lewis on the 19th of January,…

2Cited by9 opinions

  1. Muhammed v. Arkansas Supreme Court Committee on Professional ConductSupreme Court of Arkansas · 1987
  2. Lonoke v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Arkansas · 1909
  3. Wood v. WoodSupreme Court of Arkansas · 1911
  4. Letchworth v. VaughanSupreme Court of Arkansas · 1905
  5. Arnold v. McBrideSupreme Court of Arkansas · 1906

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