Callison v. Trenton Building & Loan Ass'n
Missouri Court of Appeals
Appeal from Grundy Circuit Court. — Now. P. G. Stepp, Judge. (1) The original loan made to Mrs. Endicott in 1894, was an nsnrions transaction. (2) The renewal of the original loan by Mrs. Endicott in 1897, and the execution of a new money bond and deed of trust, did not purge the transaction of usury. (3) Mrs. Endicott was entitled to relief from the usurious conditions of the original contract, and this plaintiff being her assignee, becomes entitled to the same relief.
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Appeal from Grundy Circuit Court. — Now. P. G. Stepp, Judge. (1) The original loan made to Mrs. Endicott in 1894, was an nsnrions transaction. (2) The renewal of the original loan by Mrs. Endicott in 1897, and the execution of a new money bond and deed of trust, did not purge the transaction of usury. (3) Mrs. Endicott was entitled to relief from the usurious conditions of the original contract, and this plaintiff being her assignee, becomes entitled to the same relief. (4). The whole series of transactions, being in violation of the laws of this State, was usurious, unreasonable and…
1Opinion of the CourtEllison, J.
This is a proceeding in equity seeking to cancel a note and deed of trust securing the same and to restrain a sale under the deed of trust. The ground relied upon by plaintiff is that on the 22d day of May, 1900, she only owed $286 on the loan, when proper credits, including usurious payments, were allowed, and she tendered that amount. Defendant claimed that there was due on that date $341.60, and refused the tender. The result in the trial court was for defendant.
It appears that, in 1894, Mrs. Endicott was a member of the defendant association and borrowed of it $400. At that time the…
2Cases cited4 opinions
- Brown v. Lasalle ArcherMissouri Court of Appeals · 1895
- Cover v. Mercantile Mutual Building & Loan Ass'nMissouri Court of Appeals · 1902
- State v. Phoenix Loan Ass'nMissouri Court of Appeals · 1900
- Hilgert v. LevinMissouri Court of Appeals · 1897