Borison v. Christian

Miller, Judge.

The Borisons sued to recover a claimed overpayment to defendants Christian and Smith. There was no dispute that the amount defendants received from the Borisons for posting bail bonds for a Borison family member exceeded the then statutory maximum of ten percent, and the Borisons sought a refund of the excess over ten percent. We agree that the Borisons are entitled to recover such excess and reverse the grant of summary judgment to defendants.

In February 1997, bail of $1 million was set for Richard Borison. His family agreed to pay Christian and Smith $100,000 if they would…