Bernheimer v. Gray
Supreme Court of Alabama
Appeal from Circuit Court, Montgomery County; Gaston Gunter, Judge. Bill by B. C. Gray against P. B. Bernheimer for an accounting and the cancellation of a mortgage, with offer to do equity. Prom a decree overruling demurrers to the bill, respondents appeal.
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Appeal from Circuit Court, Montgomery County; Gaston Gunter, Judge. Bill by B. C. Gray against P. B. Bernheimer for an accounting and the cancellation of a mortgage, with offer to do equity. Prom a decree overruling demurrers to the bill, respondents appeal. The bill is as follows: That on the 29th day of January, 1907, orator borrowed from the First National Bank of Montgomery $2,000, for which he gave said bank his note due on the 4th of December, 1907, for $2,160, due and payable at said bank in the city of Montgomery. That before said note was due orator arranged with one B. Bernheimer to…
1Opinion of the CourtMayfield, J.
[1] The bill in this case is filed, by a debtor against a creditor, and seeks relief on the ground of usury. The specific relief sought is, that the evidence of indebtedness', the note or notes and the mortgage to secure the payment thereof, be declared void or paid in full, and canceled, by a court of chancery. The bill alleges the payment of all that is legally collectable, but asks that, if complainant be mistaken touching this fact, there be an ascertainment of the amount due and collectable under the usury laws of this state, with the offer to pay this amount if not already paid.
The bill…
2Cases cited26 opinions
- Burns v. CampbellSupreme Court of Alabama · 1882
- McGuire v. Van PeltSupreme Court of Alabama · 1876
- Fenno v. SayreSupreme Court of Alabama · 1842
- Johnson v. JohnsonMassachusetts Supreme Judicial Court · 1814
- Butts v. BroughtonSupreme Court of Alabama · 1882
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3Cited by10 opinions
- First Nat. Bank of Opp v. BolesSupreme Court of Alabama · 1936
- Goodgame v. DawsonSupreme Court of Alabama · 1942
- Hodges v. WestmorelandSupreme Court of Alabama · 1923
- Read v. Flaketown Graphite Co.Supreme Court of Alabama · 1921
- Davis v. AshburnSupreme Court of Alabama · 1932
5 more not listed; retrieve them via the Exa API.