Edwards v. Rumph
Supreme Court of Arkansas
APPEAL from Nevada Circuit Court, in Chancery. Hon. L. A. Byrne, Judge. 1. The cross-appeal should be dismissed because Rumph failed to except to the decree. Mansf. Dig., secs. 4-915, 4916, 4917, 4910, 5317, 6363, 5157, 5160, 4927. 2. The defense of usury is made out and Edwards could plead it as a full defense in this action having been brought in as defendant in equity by Rumph. 18 Ark., 369; ib., 456; 34 ib., 28; 9 Johnst., 122; 9 Am,. Dec., 283; 9 Gill, .299; 62 Am.
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APPEAL from Nevada Circuit Court, in Chancery. Hon. L. A. Byrne, Judge. 1. The cross-appeal should be dismissed because Rumph failed to except to the decree. Mansf. Dig., secs. 4-915, 4916, 4917, 4910, 5317, 6363, 5157, 5160, 4927. 2. The defense of usury is made out and Edwards could plead it as a full defense in this action having been brought in as defendant in equity by Rumph. 18 Ark., 369; ib., 456; 34 ib., 28; 9 Johnst., 122; 9 Am,. Dec., 283; 9 Gill, .299; 62 Am. Dec., 694■ A note or mortgage, usurious in part, is void in toto, and ■cannot be validated by crediting the usury thereon.…
1Opinion of the CourtBattle, J.
G-. B. Rumph was a merchant doing business in the city of Camden, in this state, during the years 1879, 1880, 1881, 1882 and 1883. Joe Edwards was a farmer and during these years bought goods, wares and merchandise, and borrowed money of Rumph, on a credit. On the moneys loaned Rumph charged, and Edwards agreed to pay, 15 per cent, interest. They settled annually, Edwards giving new notes to cover balances due and future advances, and deeds of trust to secure the same. On the 2d of March, 1882, on a settlement, Edwards was found to owe Rumph $822.25. Fifteen per cent, interest was charged and…
2Cases cited4 opinions
- Gill v. RiceWisconsin Supreme Court · 1861
- M'Alister v. JermanMississippi Supreme Court · 1856
- Seymour v. MarvinNew York Supreme Court · 1851
- Backman v. WrightSupreme Court of Vermont · 1855
3Cited by1 opinion
- Brown v. PolkSupreme Court of Arkansas · 1959