Legal Opinion

Anderson v. Creamery Package Manufacturing Co.

Idaho Supreme Court

Decided January 17, 1902PublishedCited by 18 opinions

APPEAL from District Court, Bear Lake County. The requisites to form a usurious transaction are four: 1. A loan either expressed or implied; 2. An understanding that the money lent shall be returned; 3. A corrupt agreement to pay a greater rate of interest than is allowed by law; 4. A corrupt attempt to take more than a legal rate of interest. (Especially see Washington etc.

Read the full summary

APPEAL from District Court, Bear Lake County. The requisites to form a usurious transaction are four: 1. A loan either expressed or implied; 2. An understanding that the money lent shall be returned; 3. A corrupt agreement to pay a greater rate of interest than is allowed by law; 4. A corrupt attempt to take more than a legal rate of interest. (Especially see Washington etc. Investment Assn. v. Stanley, 38 Or. 319, 63 Pac. 489, 495; Loyd v. Scott, 4 Pet. 205; Balfour v. Davis, 14 Or. 47, 12 Pae. 89; Webb on Usury, 17, 30, 33-41; Tyler on Usury, 110; United States Bank v. Waggner, 9 Pet. 378,…

1Opinion of the CourtStogkslager, J.

— This case comes here for review from three judgments rendered by the district court of Bear Lake county. On the twenty-first day of June, 1899, C. J. Anderson and Margaret Anderson, defendants, executed to plaintiff, John A. Anderson, a promissory note, to wit: “Four years after date, for value received, we, or either of us, promise to pay to John A. Anderson $3,100, negotiable and payable at the Manufacturers’ National Bank of Racine, Wisconsin, in Hnited States gold coin, with interest at the rate of ten per cent per annum from date until paid, both before and after judgment; and, if suit…

2Cases cited7 opinions

  1. Bank of the United States v. Waggener and OthersSupreme Court of the United States · 1835
  2. Washington Investment Ass'n v. StanleyOregon Supreme Court · 1901
  3. Balfour v. DavisOregon Supreme Court · 1886
  4. Burwell v. . BurgwynSupreme Court of North Carolina · 1888
  5. Otto v. DuregeWisconsin Supreme Court · 1861

2 more not listed; retrieve them via the Exa API.

3Cited by18 opinions

  1. Easton v. Butterfield Live Stock Co.Idaho Supreme Court · 1929
  2. Bethke v. Idaho Sav. & Loan AssociationIdaho Supreme Court · 1969
  3. Milo Theater Corp. v. National Theater SupplyIdaho Supreme Court · 1951
  4. American Inv. Co. v. LyonsNew Mexico Supreme Court · 1923
  5. Intermountain Food Equipment Co. v. WallerIdaho Supreme Court · 1963

13 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API