Flinn v. Mechanics Building Ass'n
Missouri Court of Appeals
Appeal from Hannibal Common Pleas. — Hon. David H. Eby, J udge. The lawful rate of interest agreed in the bond to be paid on the loan was six per eent per annum, payable monthly; and for all monthly payments made by appellant, she was entitled, as was testified by the secretary of respondent, to have credited for the average time with the interest thereon at the agreed rate on the loan by the respondent, a solvent, going concern, and title thereto, could only be acquired by…
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Appeal from Hannibal Common Pleas. — Hon. David H. Eby, J udge. The lawful rate of interest agreed in the bond to be paid on the loan was six per eent per annum, payable monthly; and for all monthly payments made by appellant, she was entitled, as was testified by the secretary of respondent, to have credited for the average time with the interest thereon at the agreed rate on the loan by the respondent, a solvent, going concern, and title thereto, could only be acquired by such application and the excess appellant is entitled to recover. Strohen v. Franklin Sav. & L. Assn., 115 Pa. St. 273;…
1Opinion of the CourtGoode, J.
The appellant, Frances H. Flinn, sued to recover the sum of twelve hundred and sixty-five dollars and thirty cents, alleged to have been unlawfully exacted from her by the respondent as nominally, premiums, but in fact usurious interest on a loan made to her by the respondent in February, 1890. ■ The sum really in controversy is eight hundred and eleven dollars and seventy cents, which appellant claims was extorted from her by a threat to foreclose a deed of trust given on her property to secure the loan after she had paid the full amount she had borrowed, together with all legal charges…
2Cases cited3 opinions
- Ransom v. HaysSupreme Court of Missouri · 1867
- Morgan v. JoySupreme Court of Missouri · 1894
- Kirkpatrick v. SmithSupreme Court of Missouri · 1874
3Cited by3 opinions
- Kenefick & Hammond v. Norwich Union Fire InsuranceSupreme Court of Missouri · 1907
- Kennefick-Hammond Co. v. Norwich Union Fire Insurance SocietyMissouri Court of Appeals · 1904
- Brock v. St. Louis Transit Co.Missouri Court of Appeals · 1904