Legal Opinion

Ruckdeschall v. Seibel

Supreme Court of Virginia

Decided November 20, 1919PublishedCited by 7 opinions

Appeal from a decree of the Circuit 'Court of Warren county, in which the defendant Seibel filed a cross-bill against the defendant Ruckdeschall. Decree on the cross-bill for defendant Seibel. Defendant Ruckdeschall appeals. On March 24, 1909, Bernard Ruckdeschall paid over to one James McF. Gummey the sum of $9,000.00 and took his note for the sum of $10,000.00 payable thirty days after date.

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Appeal from a decree of the Circuit 'Court of Warren county, in which the defendant Seibel filed a cross-bill against the defendant Ruckdeschall. Decree on the cross-bill for defendant Seibel. Defendant Ruckdeschall appeals. On March 24, 1909, Bernard Ruckdeschall paid over to one James McF. Gummey the sum of $9,000.00 and took his note for the sum of $10,000.00 payable thirty days after date. The note was not paid at maturity and the record does not disclose what other renewals of this note there were by Gummey in the meanwhile, but some time thereafter, precisely what date does not appear,…

1Opinion of the Court

Sims, J.,

after making the foregoing statement, delivered the following opinion of the court:

The questions raised by the assignments of error will be disposed of in their, order as stated below.

[1, 4] 1. Was the original obligation, set forth in the statement preceding this opinion, usurious?

The legal principles and the rule of evidence governing this enquiry have been long well settled and therefore need no restatement here. The enquiry under consideration is purely one of fact. If the transaction under investigation was in truth an investment in a particular enterprise or business entitling…

2Cases cited16 opinions

  1. Orvis v. . CurtissNew York Court of Appeals · 1899
  2. Clemens v. CraneIllinois Supreme Court · 1908
  3. Ward's Adm'r v. CornettSupreme Court of Virginia · 1895
  4. Evans v. RiceSupreme Court of Virginia · 1898
  5. Munford v. McVeigh'sSupreme Court of Virginia · 1896

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3Cited by7 opinions

  1. Crowson v. CodySupreme Court of Alabama · 1923
  2. Dermott v. CarterSupreme Court of Virginia · 1928
  3. Patterson v. ShaverSupreme Court of Virginia · 1935
  4. Hildebrand v. Kugler (In Re Kugler)United States Bankruptcy Court, E.D. Virginia · 1994
  5. Game Place, L. L.C. v. Fredericksburg 35, LLCSupreme Court of Virginia · 2018

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