Finney v. Moore
Idaho Supreme Court
APPEAL from District Court of Idaho County. Honorable Edgar C. Steele, Judge. Action on promissory note. Judgment for plaintiff. While the statute has not mapped out a definite mode of procedure in judgments of forfeiture upon usurious contracts, courts must necessarily base such judgments upon the pleadings ,or the evidence in the case, and such judgment and the judgment in favor of the plaintiff and against the defendant should not be inconsistent with each other.
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APPEAL from District Court of Idaho County. Honorable Edgar C. Steele, Judge. Action on promissory note. Judgment for plaintiff. While the statute has not mapped out a definite mode of procedure in judgments of forfeiture upon usurious contracts, courts must necessarily base such judgments upon the pleadings ,or the evidence in the case, and such judgment and the judgment in favor of the plaintiff and against the defendant should not be inconsistent with each other. In this case no point is made as to the insufficiency of the judgment of forfeiture. The judgment of forfeiture by the court…
1Opinion of the CourtSullivan, C. J.
This is an action on a promissory note alleged to have been executed by the appellant on the twentieth day of November, 1902, due on January 15, 1903, for $697.19, “with interest at the rate of eighteen cents per annum.”
The answer puts in issue the allegations of the complaint and avers that said note is usurious, in that it provides for a greater rate of interest than twelve per cent per annum.
The cause was tried by the court with a jury. The issue as to whether said note was usurious was taken from the jury and decided by the court. The court held that the note was usurious and the jury…
2Cases cited2 opinions
- Murphy v. MontandonIdaho Supreme Court · 1892
- Willman v. FriedmanIdaho Supreme Court · 1893
3Cited by6 opinions
- Bethke v. Idaho Sav. & Loan AssociationIdaho Supreme Court · 1969
- Milo Theater Corp. v. National Theater SupplyIdaho Supreme Court · 1951
- Woodard v. UtterIdaho Supreme Court · 1916
- Citizens Automobile Inter-Insurance Exchange v. AndrusIdaho Supreme Court · 1949
- Gordon v. KerrIdaho Supreme Court · 1933
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