Adams v. Moody
Missouri Court of Appeals
Appeal from Macon Circuit Court. — Hon. N. M. Shelton, Judge. (1) The court erred in overruling appellant’s motion to strike out that part of appellant’s answer that set up as a defense the usury paid by Bates. It is settled by a multitude of decisions that the right to plead usury is a privilege personal to the debtor. 27 Am. Ency. of Law, page 949, and cases there cited.
Read the full summary
Appeal from Macon Circuit Court. — Hon. N. M. Shelton, Judge. (1) The court erred in overruling appellant’s motion to strike out that part of appellant’s answer that set up as a defense the usury paid by Bates. It is settled by a multitude of decisions that the right to plead usury is a privilege personal to the debtor. 27 Am. Ency. of Law, page 949, and cases there cited. The only exception to the rule laid down as above is as to sureties, guarantors, heirs, devisees, executors and administrators. American Rubber Co. v. Wilson, 55 Mo. App. 656; Voorhis v. Staed, 63 Mo. App. 310; Jones on…
1Opinion of the CourtBroaddbs, J.
— The petition contains three counts.
The first count alleges that on the fifteenth day of March, 1899, the defendant was indebted to the plaintiff in the sum of six hundred dollars, on which indebtedness the defendant paid, on the eighteenth of March, 1899, twenty-seven dollars; on the sixth of June, 1899, twelve dollars, and on the eighth of June, same year, two dollars and fifty cents.
The second count alleges that on the sixth day of December, 1898, one Charles Bates was indebted to the plaintiff in the sum of six hundred dollars, evidenced by his promissory note of that date, due in ninety…
2Cases cited2 opinions
- Hall v. MorganSupreme Court of Missouri · 1883
- National Home Building & Loan Ass'n v. Scudder-Gale Grocer Co.Missouri Court of Appeals · 1899
3Cited by3 opinions
- Davis v. TandyMissouri Court of Appeals · 1904
- First Nat. Bank of Tishomingo v. LathamSupreme Court of Oklahoma · 1913
- Lyons v. SmithMissouri Court of Appeals · 1905