Cleveland v. Western Loan & Savings Co.
Idaho Supreme Court
APPEAL from District Court, Bannock County, We contend that the complaint does not state facts sufficient to constitute a canse of action. Because there is no sufficient allegation that it was the intent of the parties to pay and receive usurious interest. (See New England etc. Go. v. Sanford,. 16 Neb. 689, 21 N. W. 394; Anglo-American Land etc. Go. v..
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APPEAL from District Court, Bannock County, We contend that the complaint does not state facts sufficient to constitute a canse of action. Because there is no sufficient allegation that it was the intent of the parties to pay and receive usurious interest. (See New England etc. Go. v. Sanford,. 16 Neb. 689, 21 N. W. 394; Anglo-American Land etc. Go. v.. Brohman, 33 Neb. 409, 50 N. W. 271; Bose v. Munford, 36-Neb. 148, 54 N. W. 129.) The law will not create a promise or make a contract in favor of a violator thereof. (See Bishop-on Contracts, sec. 216, p. 80; Nester v. Continental Brewing-Go.,…
1Opinion of the CourtQuarles, C. J.
The plaintiffs (respondents here) executed to the defendant P. W. Madsen, as trustee for the defendant the Western Loan and Savings Company, a corporation, their certain promissory note of date January 29, 1895, promising to pay said trustee, for the use and benefit of said company, the sum of $1,250, the principal of a loan made to plaintiffs by the defendants, to which interest Coupon notes numbering from 1 to 80 were attached, falling due in consecutive order *479monthly, each of said interest conpon notes by its terms drawing interest from maturity at the rate of twelve per cent per annum, to…
2Cases cited3 opinions
- Stevens v. Home Savings & Loan Ass'nIdaho Supreme Court · 1898
- Vermont Loan & Trust Co. v. HoffmanIdaho Supreme Court · 1897
- Portneuf Lodge No. 20 v. Western Loan & Savings Co.Idaho Supreme Court · 1899
3Cited by5 opinions
- Olson v. CaufieldIdaho Supreme Court · 1919
- Cornelison v. United States Building & Loan Ass'nIdaho Supreme Court · 1930
- Reynolds v. Continental Mortgage Co.Idaho Supreme Court · 1962
- Anderson v. Oregon Mortgage Co.Idaho Supreme Court · 1902
- Blackfoot State Bank v. CrislerIdaho Supreme Court · 1911