Whitlock v. Cohn
Supreme Court of Arkansas
Appeal from Garland Chancery Court. Weland Weatherman, Chancellor. Suit by B. C. Whitlock against Henry Cohn, Charlotte Cohn, George Belding, Henry Belding and W. Mitchell, administrator of the estate of Albert Belding, deceased. Decree was for defendants, and plaintiff appeals.
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Appeal from Garland Chancery Court. Weland Weatherman, Chancellor. Suit by B. C. Whitlock against Henry Cohn, Charlotte Cohn, George Belding, Henry Belding and W. Mitchell, administrator of the estate of Albert Belding, deceased. Decree was for defendants, and plaintiff appeals. Intent is an essential element of usury. 9 Ark. 258; 25 Ark. 258. This intent must be averred and proved. 25 Ark. 19. In equity the borrower alleging usury must pay or tender the principal with legal interest. 32 Ark. 346; 46 Ark. 50. Usury can be pleaded only by the borrower or his privies — never by the usurer. 36…
1Opinion of the CourtBunn, C. J.
The appellant, B. C. Whitlock, a citizen of Warren, Illinois, through his agent, Dr. C. D. Play, of the city of Hot Springs, Arkansas, on the nth of September, 1882, loaned Henry Cohn and Charlotte Cohn the sum of $3,000, taking their joint and several promissory note for the same, a copy of which is as follows, towit:
“Hot Springs, Ark., September 11, 1882.
“Five years after date, for value received, we promise to pay to the order of Benjamin C. Whitlock the' sum of three thousand dollars with interest at the rate of ten per cent, per annum from date until paid. Said interest payable…
2Cited by8 opinions
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- Green v. Northwestern Trust Co.Supreme Court of Minnesota · 1914
- Dupree v. Virgil R. Coss Mortgage CompanySupreme Court of Arkansas · 1924
- Yarbrough v. Prentice Lee Tractor Co.Supreme Court of Arkansas · 1972
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