Sophy Whitman v. Eva Ruth Green, Administratrix of the Estate of Walter Frank Green, Deceased, Etc.

MERRILL, Circuit Judge.

This diversity action places in issue the proper construction of Idaho’s conflict of laws rule with regard to usury.

Appellant brought suit for judgment upon a promissory note and for foreclosure of a mortgage given as security. The district court ruled, on summary judgment, that under Idaho law the note calling for interest at the rate of twelve per cent per annum was usurious, with the result that twice the total amount of interest was forfeited. In this case a principal balance in the sum of $3,900 was found due. From this twice the amount of interest, or $2,267.06,…