Cynthiana Building & Loan Ass'n v. Florence
Court of Appeals of Kentucky
Case 105 — ACTION TO RECOVER USURY PAID — APPEAL PROM HARRISON CIRCUIT COURT. 1. A-s appellees were fully apprised of all their rights in the settlement between them, and the appellant at the date of the adjustment November 26, 1897, and being so apprised, agreed to and did compromise the entire matter as set' out in the answer, .they .are estopped to claim anything further arising out of affairs of that transaction, relating back to the date of the granting of the loan. 2.…
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Case 105 — ACTION TO RECOVER USURY PAID — APPEAL PROM HARRISON CIRCUIT COURT. 1. A-s appellees were fully apprised of all their rights in the settlement between them, and the appellant at the date of the adjustment November 26, 1897, and being so apprised, agreed to and did compromise the entire matter as set' out in the answer, .they .are estopped to claim anything further arising out of affairs of that transaction, relating back to the date of the granting of the loan. 2. Th-e allegation in the answer that ¡the $147 retained by the appellant was not sufficient to pay .plaintiff’s loss and…
1Opinion of the Court
JUDGE HOBSON
delivered the opinion of the court.
Appellees filed this action to recover of appellant $193.74, alleged usury paid it by them. They averred in their petition that they became members of the association, and subscribed for fifty-eight shares of installment stock, on April 16, 1895; that they borrowed from it on these fifty-eight shares of stock $5,800, to secure which they also executed to it a mortgage on a tract of land; that the loan was made on condition that they would pay thereon in monthly dues $34.80, as premium $29, and as interest $29, making in all (dues, interest and…
2Cited by2 opinions
- Gray v. United States Savings & Loan Co.Court of Appeals of Kentucky · 1903
- Cynthiana Bldg. & Sav. Ass'n v. EcklarCourt of Appeals of Kentucky · 1901