Armijo v. Henry
New Mexico Supreme Court
Appeal from the District Court for Bernalillo county-before Ira. A. Abbott, Aissoeiate Justice. Essential elements of usury are a contract between tbe parties in which contract usury is contracted for and an intent to violate a usury statute. Parsons on Contracts, pp. 107-114 •• 27 Am. and Eng. Enc. of Law (1st Ed.) 920-925. Alleged mistake must be pleaded. 14 Ene. of PI. and Pr. 41, note 1; 1 Daniel Chan.
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Appeal from the District Court for Bernalillo county-before Ira. A. Abbott, Aissoeiate Justice. Essential elements of usury are a contract between tbe parties in which contract usury is contracted for and an intent to violate a usury statute. Parsons on Contracts, pp. 107-114 •• 27 Am. and Eng. Enc. of Law (1st Ed.) 920-925. Alleged mistake must be pleaded. 14 Ene. of PI. and Pr. 41, note 1; 1 Daniel Chan. PI. and Pr., 5th Ed., 669, note 6. A statutory right may be waived, 9 Cyc. 480, nole 24; Shuttle v. Thompson, 15 Wall. 151. Equity has jurisdiction to reform a contract in only two…
1Opinion of the Court
OPINION OF THE COURT.
MANN, J.
Counsel for appellant assigns numerous errors as to the findings of fact made by the Trial Court and its refusal to make certain findings asked by appellant. A careful persual of the evidence, however, convinces us that the findings made by the court were fully justified by the evidence, and contain all the material facts necessary to an adjudication of the matters in isssue. This court has firmly established the rule that where the findings of fact of the Trial' Court are based upon substantial evidence to sustain them, they will not be disturbed by this court.…
2Cases cited24 opinions
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- Call v. PalmerSupreme Court of the United States · 1885
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