Cobb v. Hartenstein
Utah Supreme Court
Appeal from District Court, Third. District; Hon. Geo. G. Armstrong, Judge. Action by Rufus K. Cobb, as sole surviving partner of the firm of R. K. Cobb & Co., against Emanuel A. Hartenstein. Judgment for plaintiff. Defendant appeals. APPELLANT’S POINTS.
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Appeal from District Court, Third. District; Hon. Geo. G. Armstrong, Judge. Action by Rufus K. Cobb, as sole surviving partner of the firm of R. K. Cobb & Co., against Emanuel A. Hartenstein. Judgment for plaintiff. Defendant appeals. APPELLANT’S POINTS. Since usury laws are quasi-penal, the courts will not hold a contract to be in violation of the usury laws, unless upon a fair and reasonable construction of all its terms, in view of the dealings of the parties, it is manifest that the intent of the parties was to engage in such a transaction as is forbidden by those laws. If two reasonable…
1Opinion of the CourtFrick, J.
On October 15, 1913, the plaintiff commenced this action ' against the defendant to recover certain sums of money which, the plaintiff alleged, he had paid to the defendant as principal and interest upon two contracts alleged to be usurious and which are hereinafter set forth. Two causes of action, one upon each of the contracts were stated in the complaint. The defendant appeared in the action, and in his answer, after admitting the matters of inducement, denied generally the other allegations of the complaint.
The action was based upon Comp. Laws 1907, sections 1241x, 1241x1, 1241x2. Section…
2Cases cited20 opinions
- Bank of the United States v. Waggener and OthersSupreme Court of the United States · 1835
- Orvis v. . CurtissNew York Court of Appeals · 1899
- Call v. PalmerSupreme Court of the United States · 1885
- State v. PotelloUtah Supreme Court · 1911
- Edler v. EdwardsUtah Supreme Court · 1908
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3Cited by15 opinions
- Valiotis v. Utah-Apex Mining Co.Utah Supreme Court · 1919
- Deming Inv. Co. v. GrigsbySupreme Court of Oklahoma · 1917
- Coley v. WolcottCalifornia Court of Appeal · 1930
- Lindsey v. CampbellCalifornia Court of Appeal · 1955
- Antonowich v. Home Life Insurance Co.West Virginia Supreme Court · 1935
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