Vandergrif v. Swinney
Supreme Court of Missouri
Transferred from St. Louis Court of Appeals. (1) Equity does not aid a party to recover back usurious interest. Nelson v. Betts, 21 Mo. App. 234; Kirkpatrick v. Smith, 55 Mo. 389; Banson v. Hays, 39 Mo: 445. (2) If suit had been brought by W. Gr. Swinney to collect this note, then, by the statute, Vandergrif could not get credit for any usury, if any, that was paid on the chattel mortgage indebtedness.
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Transferred from St. Louis Court of Appeals. (1) Equity does not aid a party to recover back usurious interest. Nelson v. Betts, 21 Mo. App. 234; Kirkpatrick v. Smith, 55 Mo. 389; Banson v. Hays, 39 Mo: 445. (2) If suit had been brought by W. Gr. Swinney to collect this note, then, by the statute, Vandergrif could not get credit for any usury, if any, that was paid on the chattel mortgage indebtedness. The only credit which can be obtained for usury is a credit on the “principal debt” upon which such usury was paid. (3) When, transactions are had with an agent or with one member of a firm and…
1Opinion of the CourtRobinson, J.
The appeal in this case was originally taken to the St. Louis Court of Appeals. By that court the case has been certified here for the reason that the title to real estate is involved.
The action is one in equity instituted by plaintiff to have released and canceled a deed of trust made by himself, on certain lands named therein to him belonging, to secure a note made payable to one of the defendants herein, upon which note plaintiff alleged full payment and more had been made if all just credits for usurious interest exacted from him thereon is allowed, together with all the other payments…
2Cases cited1 opinion
- Schell v. Equitable Loan & Investment Ass'n of SedaliaSupreme Court of Missouri · 1899
3Cited by8 opinions
- Lee v. HillmanWashington Supreme Court · 1913
- Hill-Dodge Banking Co. v. LoomisMissouri Court of Appeals · 1909
- Atwood v. Deming Inv. Co.Court of Appeals for the Fifth Circuit · 1932
- McConnon Company v. KuhlmannMissouri Court of Appeals · 1926
- B. F. Goodrich Rubber Co. v. RobertsonMissouri Court of Appeals · 1926
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