Crim v. Post
West Virginia Supreme Court
Usury defined and leged rate of interest fixed.—Code, c. 96, as. 4, 5. Profit beyond, legal rate of 'interest, reserved or agreed, to be paid, contract is usurious.—2 Paige, Chy. 267. Assignment of debt, usurious in its crea,lion will not cover it from scrutiny of court.—8 Johnson’s Chy. 395. Usury depends on intent—and, cowt will look to the, whole transaction.—Clarke’s Chy. 281. Where debt or any part of it remains unpaid, and, usurious interest has been paid, thereon, a…
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Usury defined and leged rate of interest fixed.—Code, c. 96, as. 4, 5. Profit beyond, legal rate of 'interest, reserved or agreed, to be paid, contract is usurious.—2 Paige, Chy. 267. Assignment of debt, usurious in its crea,lion will not cover it from scrutiny of court.—8 Johnson’s Chy. 395. Usury depends on intent—and, cowt will look to the, whole transaction.—Clarke’s Chy. 281. Where debt or any part of it remains unpaid, and, usurious interest has been paid, thereon, a court of equity will credit such usury on the'principal remaining unpaid.—21 W. Va. 523; 33 W. Va. 159. Particular…
1Opinion of the Court
Holt, Pkesident:
On appeal from a decree of the Circut Court of Barbour county, entered on the 5th day of June, 1894, decreeing in favor of appellee, Crim, against defendant and appellant, Isaac W. Post, a sale under a deed of trust of the land of Post, he having pleaded usury to the debt secured.
In May, 1888, plaintiff, Crim, filed his bill in equity against Isaac W. Post, the trust debtor, M. Peck, trustee, De-ver Pickens, executor of James Pickens, deceased, alleging, among other things: That on the 2d day of August, 1886, defendant Post was indebted to him in the sum of one thousand, five…
2Cases cited3 opinions
- Reger v. O'NealWest Virginia Supreme Court · 1889
- Pope v. MarshallSupreme Court of Georgia · 1887
- Swayne v. RiddleWest Virginia Supreme Court · 1893
3Cited by14 opinions
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- State Ex Rel. Beck v. Associates Discount Corp.Nebraska Supreme Court · 1956
- Stonebraker v. ZinnWest Virginia Supreme Court · 1982
- Lincoln Nat. Life Ins. Co. v. AndersonCourt of Appeals of Texas · 1934
- Cash Service Co. v. WardWest Virginia Supreme Court · 1937
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