Livingston v. Burton
Missouri Court of Appeals
Appeal from the Jasper Circuit Court. — Hon. Joseph Cravens, Judge. (1) .The finding and decree of the trial court were contrary to and entirely unsupported by the evidence, and ought not to stand. (2) Although the monthly payments of $4.17 per month' were actually paid by plaintiff as usurious interest upon the balance remaining due on the Barramore note to procure an extension of time, such payments cannot be applied in reduction of the principal.
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Appeal from the Jasper Circuit Court. — Hon. Joseph Cravens, Judge. (1) .The finding and decree of the trial court were contrary to and entirely unsupported by the evidence, and ought not to stand. (2) Although the monthly payments of $4.17 per month' were actually paid by plaintiff as usurious interest upon the balance remaining due on the Barramore note to procure an extension of time, such payments cannot be applied in reduction of the principal. Kirkpatrick v. Smith, 55 Mo. 389; Perrine v. Poulson, 53 Mo. 309; .Ransom v. Hays, 39 Mo. 445. The usurious interest having been paid to…
1Opinion of the CourtSmith, P. J.
This was a proceeding for an injunction to restrain the defendant from selling certain real estate under a mortgage, and. for the release and cancellation of the said mortgage on the record. The facts of the case were, that one Barramore, on July 11, 1882, borrowed of defendant $300, giving his note therefor, payable twelve months after date with interest at the rate of ten per cent, from maturity, and to secure the payment of which he executed a mortgage on certain real estate. At the time of the giving of the said note, Barramore also executed twelve other notes for $5 each, all of which…
2Cases cited9 opinions
- Ransom v. HaysSupreme Court of Missouri · 1867
- Wheaton v. HibbardNew York Supreme Court · 1822
- Hadden v. InnesIllinois Supreme Court · 1860
- Rutherford v. WilliamsSupreme Court of Missouri · 1867
- Rock River Bank v. SherwoodWisconsin Supreme Court · 1860
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3Cited by2 opinions
- Haseltine v. Central National BankSupreme Court of Missouri · 1900
- Drennon v. DalincourtMissouri Court of Appeals · 1894