Coleman v. Cole
Missouri Court of Appeals
Appeal from the Lawrence Circuit Court. — Hon. J. C. Lamson, Judge. The court erred in excluding the evidence offered by appellants tending to show that interpleader had exacted usurious interest on the notes secured by the chattel mortgage. Fidelity Loan & G. Co. v. Baker, 54 Mo. App. 79; Tied, on Com.
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Appeal from the Lawrence Circuit Court. — Hon. J. C. Lamson, Judge. The court erred in excluding the evidence offered by appellants tending to show that interpleader had exacted usurious interest on the notes secured by the chattel mortgage. Fidelity Loan & G. Co. v. Baker, 54 Mo. App. 79; Tied, on Com. Paper, sec. 196, p. 323. Plaintiffs being attachment creditors of defendant had the right to defend against the chattel mortgage given by defendant on the ground that it contained usury. Sess. Laws 1891, sec. 2, p. 171; Rubber Co. v. Cunningham, 55 Mo. App. 65; Voorhis v, Staed, 63 Id. 370.…
1Opinion of the CourtBond, J.
On the twenty-fourth of August, 1893, plaintiffs sued defendant on an- account for $601.84, attaching in said account a mining plant, known as the Davie Mining and Development Company’s plant. The Aurora State Bank, by its assignee, interpleaded for the attached property, claiming it under a mortgage executed by the defendant. Plaintiff’s answer to the interplea set up the fraudulent character of the mortgage, and that it .was given to secure a usurious debt. Upon these issues there was a verdict for the inter-pleader, which plaintiffs seek to reverse by this appeal.
On the trial the…
2Cases cited4 opinions
- American Rubber Co. v. WilsonMissouri Court of Appeals · 1894
- D. M. Osborne & Co. v. LawsonMissouri Court of Appeals · 1887
- Johnson v. SimmonsMissouri Court of Appeals · 1895
- Voorhis v. StaedMissouri Court of Appeals · 1895
3Cited by2 opinions
- Coleman v. ColeSupreme Court of Missouri · 1900
- Lyons v. SmithMissouri Court of Appeals · 1905