Legal Opinion

Sanford v. Kunz

Idaho Supreme Court

Decided February 3, 1903PublishedCited by 9 opinions

APPEAL from District Court, Bear Lake County. The offense of usury consists in taking unlawful interest. The contract to take or accept was never a crime. (McClure v. Williams, 7 Vt. 210; Webb on Usury, sec. 481; 27 Am. & Eng. Ency. of Law, 940.) The contract declares only the intent. Taking the money is committing the crime. Between them is the tempus poenitentiae.

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APPEAL from District Court, Bear Lake County. The offense of usury consists in taking unlawful interest. The contract to take or accept was never a crime. (McClure v. Williams, 7 Vt. 210; Webb on Usury, sec. 481; 27 Am. & Eng. Ency. of Law, 940.) The contract declares only the intent. Taking the money is committing the crime. Between them is the tempus poenitentiae. If the lender repents, although it be from fear, and stops after the first, the last will never come, and therefore he retreats in time. (Sheldon v. Haxtun, 91 N. Y. 124.) Section 1265 of the Bevised Statutes of Idaho simply says:…

1Opinion of the Court

SULLIVAN, C. J..

This is an action to foreclose a mortgage on real estate, executed by respondents to appellant on the twenty-second day of August, 1898, to secure the payment of a promissory note for $700 of the same date, bearing interest at the rate of ten per cent per annum. The answer admitted the execution of said note and mortgage, but denied that there was anything due thereon except the sum of ten dollars, averred that said evidences of indebtedness were usurious, and that the principal debt thereof had been fully paid, except said sum of ten dollars. It.is averred in the answer that…

2Cases cited1 opinion

  1. Brown v. Marion National BankSupreme Court of the United States · 1898

3Cited by9 opinions

  1. Bjornstad v. PerryIdaho Supreme Court · 1968
  2. Carter and Carter v. Leon Loan and Finance Co.Supreme Court of Florida · 1933
  3. Hansen v. Kootenai County Board of County CommissionersIdaho Supreme Court · 1970
  4. Curtis v. Western Reporting & Credit Co.Idaho Supreme Court · 1924
  5. Consolidated Wagon & Machine Co. v. KentIdaho Supreme Court · 1913

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