Evans v. Chapel
Court of Appeals of Kentucky
Case 16 — PETITION ORDINARY APPEAL PROM CALDWELL CIRCUIT COURT. The forfeiture denounced by the conventional interest act of 1871 applies to the facts of this case. (1 Sess. Acts, 1871, p. 62.)
1Opinion of the Court
JUDGE COFER
delivered the opinion op the court.
The evidence shows, without contradiction, that the appellee contracted for interest on the sum loaned at the rate of twelve and a half per cent per annum, and under section 5 of the conventional interest law of 1871 (1 Sess. Acts, 1871, p. 62) the whole interest contracted for was thereby forfeited, and he had no right to any interest during the period for which the loan was made, nor for the time during which he forbore on an agreement to receive that rate of interest. But the last contract for forbearance terminated January 1, 1875, and as the…
2Cases cited1 opinion
- Rilling v. ThompsonCourt of Appeals of Kentucky · 1876
3Cited by3 opinions
- Martin v. Provident Life & Accident InsuranceCourt of Appeals of Kentucky (pre-1976) · 1932
- Bunger v. HartCourt of Appeals of Kentucky · 1882
- Cottrell v. BarnesCourt of Appeals of Kentucky · 1880