Drennon v. Dalincourt
Missouri Court of Appeals
Appeal from the Jackson Circuit Cowrt. — Hon. J. H. Slover, Judge. (1) The ease was tried by both plaintiff and defendant on the issue made by such instructions and defendant cannot complain now. Sail v. Water Co., 48 Mo. App. 356; Carst v. Good, 50 Mo.
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Appeal from the Jackson Circuit Cowrt. — Hon. J. H. Slover, Judge. (1) The ease was tried by both plaintiff and defendant on the issue made by such instructions and defendant cannot complain now. Sail v. Water Co., 48 Mo. App. 356; Carst v. Good, 50 Mo. App. 149. (2) Defendant claims that the instruction should, have been: “Provided you find from the evidence that the-plaintiff did not, upon or after the twenty-second day of June, 1891, ‘exact or receive,’ ” instead of “exact and receive” interest on said indebtedness at a higher rate than ten per cent', per annum. Defendant’s instruction…
1Opinion of the CourtSmith, P. J.
— Plaintiff loaned defendant $133.25, taking a note and mortgage to secure the same on certain boarding house furniture. The loan seems to have been .made to take up a note for a like amount to Mrs. Mackey secured by a mortgage covering the same chattels. The act of April 21, 1891, in respect to usury took effect June 22, 1891. On July 27, 1891, the defendant paid the plaintiff $6.75 on the note. She had paid on this note and its predecessor ñve per cent, interest per month until such payments at that rate aggregated about $170. The real question in the ease seems to have been as to whether…
2Cases cited8 opinions
- Ransom v. HaysSupreme Court of Missouri · 1867
- Rutherford v. WilliamsSupreme Court of Missouri · 1867
- Nelson v. BettsMissouri Court of Appeals · 1886
- Hancock v. BuckleyMissouri Court of Appeals · 1885
- Perrine v. PoulsonSupreme Court of Missouri · 1873
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3Cited by5 opinions
- Brandtjen & Kluge, Inc. v. HunterMissouri Court of Appeals · 1940
- Lyons v. SmithMissouri Court of Appeals · 1905
- Exchange Finance Co. v. BrownMissouri Court of Appeals · 1929
- Herman v. St. Louis RailroadMissouri Court of Appeals · 1898
- Johnson v. VetteMissouri Court of Appeals · 1898