Holt v. Kirby
Supreme Court of Arkansas
Appeal from Faulkner Chancery Court. David W. Carrobb, Chancellor. The evidence shows that the Arkansas Doan and Trust Co. was the agent of Kirby, the borrower, and the payment of the $20 commission did not make the loan usurious. 51 Ark. 534; ib. 548; 54 id. 573. 51 Ark. 546 settles this case. The proof shows that the company was the agent of the lender. 46 Mich. 393; 51 Ark. 534.
1Opinion of the CourtHughes, J.
This is an appeal from a decree of the chancery court of Faulkner county cancelling a mortg-ag-e, on the finding by the chancellor that it was made to secure a usurious loan of money made by Helen M. Norton to the appellee upon his application, made through the Arkansas Roan and Trust Co., on the 24th day of March, 1883.
The complaint was filed on the 25th of September, 1888, and alleges that appellee applied to said company for a loan of four hundred dollars, and that the said company demanded that he execute his note for that amount bearing ten per cent, per annum interest from date till…
2Cases cited2 opinions
- Banks v. FlintSupreme Court of Arkansas · 1890
- Thompson v. IngramSupreme Court of Arkansas · 1889
3Cited by6 opinions
- Citizens' Bank v. MurphySupreme Court of Arkansas · 1907
- Jones v. PhillippeSupreme Court of Arkansas · 1918
- Simpson v. Smith Savings SocietySupreme Court of Arkansas · 1929
- Geyer v. First Arkansas Development Finance Corp.Supreme Court of Arkansas · 1968
- Armstrong v. McCluskeySupreme Court of Arkansas · 1933
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