Sherwood v. Haney
Supreme Court of Arkansas
Appeals from Yell Circuit Court in Chancery, Dardanelle District. Jeremiah G. Waeeace, Judge. Usury must be proved. The burden is on the party pleading it. 3 Green (N. J.) 481; 69 N. Y. 339; 57 Ill. 138; 36 Wis. 390; 22 N. Y. Eq. 606; 25 id. 491; 34 N. Y. 444; 48 Ill. 353; 17 Vt. 231; 2 Green (N. J.) 460. There was no usury shown.
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Appeals from Yell Circuit Court in Chancery, Dardanelle District. Jeremiah G. Waeeace, Judge. Usury must be proved. The burden is on the party pleading it. 3 Green (N. J.) 481; 69 N. Y. 339; 57 Ill. 138; 36 Wis. 390; 22 N. Y. Eq. 606; 25 id. 491; 34 N. Y. 444; 48 Ill. 353; 17 Vt. 231; 2 Green (N. J.) 460. There was no usury shown. Banks v. Flint, 54 Ark. 50; May v. Flint, 54 Ark. 574; Holt v. Kirby, 57 id. 256. This case was tried upon the evidence taken in the case of Banks v. Flint, 54 Ark. 40. In these cases the lender exacted the highest rate of interest allowed by law, and was charged…
1Opinion of the CourtHughes, J.
These are all suits to foreclose mortgages upon lands, given to secure money loaned in each case, respectively, to the appellees.
The defense in each case is usury, which was sustained by the court below, and in each of which a decree was entered annulling and cancelling the note and trust deed, from which the plaintiff in each case appealed.
In the case of Banks v. Flint, 54 Ark. 50, this court said, through Hemingway, Judge, that, “to sustain the plea of usury, it must appear that excessive interest was paid to the lender, or that a bonus or commission was paid to the agent of the len’der,…
2Cited by1 opinion
- Sherwood v. WilkinsSupreme Court of Arkansas · 1898