Legal Opinion · Dissent

Standard Leasing Corp. v. Schmidt Aviation, Inc.

Supreme Court of Arkansas

Decided January 22, 1979No. 78-197Published

1DissentJohn A. Fogleman, Justice

In its zeal to purge the commercial temple of usurers, this court has neither abrogated nor abandoned certain essential rules pertaining to alleged usury and judicial consideration of contentions that an apparently legitimate transaction really is a cloak or device for the extraction of usurious interest, although it seems to me that on occasions, such as the one at hand, it has found it relatively easy to overlook them. I submit that the evidence in this case will not meet the severe tests for finding a facially legitimate business transaction between competent and capable businessmen to…

2Cases cited33 opinions

  1. Hare v. General Contract Purchase Corp.Supreme Court of Arkansas · 1952
  2. Sloan v. Sears, Roebuck & Co.Supreme Court of Arkansas · 1957
  3. Commercial Credit Plan, Inc. v. ChandlerSupreme Court of Arkansas · 1951
  4. Bell v. Itek Leasing Corp.Supreme Court of Arkansas · 1977
  5. Hayes v. First National Bank of MemphisSupreme Court of Arkansas · 1974

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