Lawler v. Vette
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Eon. James E. Withrow, Judge. (1) Prior to the amendment of the statute (now-section 7182, Revised Statutes 1909), in 1905, usurious interest paid could not he recovered in this state. Kirkpatrick v. Smith, 55 Mo. 389; Murdock v. Lewis, 26 Mo. App. 234; Peters v. Lowenstein, 44 Mo.
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Appeal from St. Louis City Circuit Court. — Eon. James E. Withrow, Judge. (1) Prior to the amendment of the statute (now-section 7182, Revised Statutes 1909), in 1905, usurious interest paid could not he recovered in this state. Kirkpatrick v. Smith, 55 Mo. 389; Murdock v. Lewis, 26 Mo. App. 234; Peters v. Lowenstein, 44 Mo. App. 406; Ferguson v. Soden, 111 Mo. 208. At best, prior to the amendment of the statute in 1905, the usurious interest paid might be applied by way of set off to reduce the amount of the principal unpaid. Hawkins v. Welch, 8 Mo. 490; R. S. 1909, sec. 7183. (2) The…
1Opinion of the CourtCaulfield, J.
(after stating the facts). — In order to entitle a borrower to recover usurious interest there must have been an actual payment of the usury. The fact that the borrower gives his note therefor will not entitle him to recover as for usurious interest paid. [29 Am. and Eng. Ency. Law (2 Ed.), p. 546.] A cause of action to recover on the ground of usury does not accrue until the usurious interest is actually paid. [Webb on Usury, see. 466; Anderson v. Trimble, 18 Ky. Law Rep. 507, 37 S. W. 71.] And not only must the amount charged as usurious interest or some portion thereof have actually been…
2Cases cited18 opinions
- Ransom v. HaysSupreme Court of Missouri · 1867
- Nofsinger v. HartnettSupreme Court of Missouri · 1884
- Mason v. BarnardSupreme Court of Missouri · 1865
- Johnson v. CarpenterSupreme Court of Minnesota · 1862
- Werth v. City of SpringfieldMissouri Court of Appeals · 1886
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3Cited by4 opinions
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- Leon v. Barnsdall Zinc Co.Missouri Court of Appeals · 1927