Legal Opinion

Border State Perpetual Building Ass'n v. Hayes

Court of Appeals of Maryland

Decided March 26, 1884PublishedCited by 2 opinions

Appeal from the Circuit Court of Baltimore City. The hill in this case was filed in the year 1888, by the appellee against the appellant, alleging the making by the former to the latter of two mortgages, both on the same property, the second of which was merely for the balance due on the first, and a renewal thereof; and claiming that the whole transaction was usurious.

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Appeal from the Circuit Court of Baltimore City. The hill in this case was filed in the year 1888, by the appellee against the appellant, alleging the making by the former to the latter of two mortgages, both on the same property, the second of which was merely for the balance due on the first, and a renewal thereof; and claiming that the whole transaction was usurious. The prayer of the bill was for an account ascertaining tlie amount due to the defendant, and for a decree requiring the release of said mortgages on the payment of the amount due under them. The Court (Brown, J.,) passed a…

1Opinion of the CourtStone, J.

On the 2nd of October, in the year 1873, the appellee executed to the appellant corporation a mortgage to secure the payment of a loan to him of- $2080, with interest at the rate of eight per cent, per annum.

The appellee alleges in his bill that this interest is usurious, and asks to be relieved from the excess over six per cent.

The appellant corporation contends that the mortgage has been paid and settled, and tbat the Act of 3876, chap. 358, is a full and complete bar to the claim of the appellee.

The first question in the case, therefore, is the question of fact, whether the mortgage has…

2Cited by2 opinions

  1. Brenner v. PlittCourt of Appeals of Maryland · 1943
  2. Border State Perpetual Building Ass'n v. HillearyCourt of Appeals of Maryland · 1887

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