Nicholls v. Skeel
Supreme Court of Iowa
Appeal from Scott District Court. The facts are sufficiently stated in the opinion of the court. Usury once paid can be recovered bach, both at law and in equity. Smith v. Bromly, Doug., 696; Browning v.. Morris, Cowp., 790; 1 Story Eq. Jur., § 302; Smeedv.
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Appeal from Scott District Court. The facts are sufficiently stated in the opinion of the court. Usury once paid can be recovered bach, both at law and in equity. Smith v. Bromly, Doug., 696; Browning v.. Morris, Cowp., 790; 1 Story Eq. Jur., § 302; Smeedv. Green. 5 Ind., 308; State Bank v. Ensminger, 7 Blaclcf., 105; Wheaton v. Hibbard, 20 John., 290; Willie v. Green, 2 N, H., 333-9; 12 Mass., 35; Bond v. Jones, 8 Smed. & M. 368; Bacon v. Lee Gray, 4 Iowa, 490; Haggard v. Atlee, 1 G. Greene., 44; Carlyle Craggs v. Gray, 10 Ala., 304, Rev. of 1860, 811, § 1787. argued: 1 That the English…
1Opinion of the Court
Lowe, O. J.
The question reserved for our determination is, whether usurious interest voluntarily paid by the borrower to the lender can be recovered back. ■
The English statutes aro peremptory, and declare usurious contracts absolutely void. A number of the American statutes do the same thing. Other American statutes provide by express enactment for the recovery back of usurious interest. Both classes of these statutes view the borrower as an innocent victim, and the lender a rapacious Shylock, and visit their penalties alone upon the latter. Decisions in England and America based upon these…
2Cited by6 opinions
- State Ex Rel. Turner v. Younker Brothers, Inc.Supreme Court of Iowa · 1973
- Blain v. WillsonNebraska Supreme Court · 1891
- Parker v. Fulton Loan & Building Ass'nSupreme Court of Georgia · 1871
- Quinn v. BoyntonSupreme Court of Iowa · 1875
- Hawthorne v. WaltonNevada Supreme Court · 1956
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