Corby v. Bean
Supreme Court of Missouri
Appeal from Fifth District Court. I. This suit can not be maintained in a court of equity. Equity will not assist a lender of money to enforce a usurious contract. (1 Sto. Eq. 301-2, § 64, e ; 4 Johns. Ch. 122.) H. Plaintiffs must concede the usury in their petition, and offer to abate usury, and ask to correct and enforce the contract as to the remainder.
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Appeal from Fifth District Court. I. This suit can not be maintained in a court of equity. Equity will not assist a lender of money to enforce a usurious contract. (1 Sto. Eq. 301-2, § 64, e ; 4 Johns. Ch. 122.) H. Plaintiffs must concede the usury in their petition, and offer to abate usury, and ask to correct and enforce the contract as to the remainder. The petition asking no prayer for money, but only the correction of the deed, the new matter set up in the answer constituted no defense, and should properly have been stricken out.
1Opinion of the CourtWagner, Judge
Plaintiff filed his petition in. the Buchanan Court of Common Pleas, the object and nature of which was to correct and reform a mistake in a deed of trust made for his benefit.
The defendant filed his answer denying the alleged mistake, and, for a further defense, set up that the deed was executed and given to secure the payment of a sum of money loaned.the defendant by the plaintiff; that the plaintiff charged the defendant twenty-five per cent, per annum for the use of the money, and embodied that amount of usurious interest in the note, and therefore asked that the petition be dismissed. On…
2Cited by10 opinions
- Real Estate Saving Inst. v. ColloniousSupreme Court of Missouri · 1876
- Boland v. RossSupreme Court of Missouri · 1894
- Snadon v. GayerMissouri Court of Appeals · 1978
- Livengood v. BallSupreme Court of Oklahoma · 1916
- Ferguson v. SodenSupreme Court of Missouri · 1892
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