Williar v. Baltimore Butchers' Loan & Annuity Ass'n
Court of Appeals of Maryland
Appeal from the Circuit Court for Baltimore County. The case is stated in the opinion of the Court. Exception. — At the trial the plaintiff offered the three following prayers: 1. That if the jury believe the defendant loaned the plaintiff the sum of $3025, and took from him the mortgage offered in evidence in this case, that said mortgage does not conform to the provisions of the law, authorizing corporations of this kind to make advances in redemption of their stock, and…
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Appeal from the Circuit Court for Baltimore County. The case is stated in the opinion of the Court. Exception. — At the trial the plaintiff offered the three following prayers: 1. That if the jury believe the defendant loaned the plaintiff the sum of $3025, and took from him the mortgage offered in evidence in this case, that said mortgage does not conform to the provisions of the law, authorizing corporations of this kind to make advances in redemption of their stock, and must be governed by the ordinary rules between mortgagor and mortgagee, or debtor and creditor. 2. That the defendant was…
1Opinion of the CourtBartol, C. J.
This suit was instituted by the appellant to recover money paid to the appellee in excess of the legal rate of interest.
*555The right of a borrower to maintain, an action of this kind has been settled by the case of Scott vs. Leary, 34 Md., 389. The defence relied on by the appellee is based entirely upon the Act of Assembly of 1876, ch. 358. The Act amends Art. 95 of the Code, relating to Usury, by adding thereto an additional section as follows:
“Provided, however, that nothing in the preceding sections of this Article shall be so construed as to make usury a cause of action in any case where…
2Cases cited11 opinions
- Grinder v. NelsonCourt of Appeals of Maryland · 1850
- Scott v. LearyCourt of Appeals of Maryland · 1871
- Robertson v. American Homestead Ass'nCourt of Appeals of Maryland · 1857
- State ex rel. Mayor of Baltimore v. NorwoodCourt of Appeals of Maryland · 1858
- Wilderman v. Mayor of BaltimoreCourt of Appeals of Maryland · 1855
6 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Dua v. Comcast Cable of Maryland, Inc.Court of Appeals of Maryland · 2002
- Ireland v. ShipleyCourt of Appeals of Maryland · 1933
- Brenner v. PlittCourt of Appeals of Maryland · 1943
- Meroney v. Atlanta Building & Loan Ass'nSupreme Court of North Carolina · 1895
- Kelch v. KeehnCourt of Appeals of Maryland · 1944
27 more not listed; retrieve them via the Exa API.