Scottish Mortgage & Land Investment Co. v. McBroom
New Mexico Supreme Court
Ebeob, from a judgment for plaintiff, to the Fourth Judicial District Court, San Miguel County. The facts are stated in the opinion of the court. Under sections 1737,1738, a right of action accrues against any person, etc., who may charge or collect a higher rate of interest than twelve per cent per annum, by means of “discount, commission, or any subterfuge.”
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Ebeob, from a judgment for plaintiff, to the Fourth Judicial District Court, San Miguel County. The facts are stated in the opinion of the court. Under sections 1737,1738, a right of action accrues against any person, etc., who may charge or collect a higher rate of interest than twelve per cent per annum, by means of “discount, commission, or any subterfuge.” Lloyd v. Williams, 3 Wils. 261, followed in Wade v. Wilson, 1 East, 195, and reaffirmed in Wood v. Grimwood, 10 Barn. & Cress. If, under the statute, a contract made in violation of the usury law is void, it is conceded that the…
1Opinion of the CourtFreeman, J.
This is a writ of error, brought to reverse a judgment rendered in favor of the defendant in error and against the plaintiff in error in the district court for the Fourth judicial district for the county of San Miguel. The facts are substantially as follows: On the twenty-third of June, 1883, the Scottish Mortgage & Land Investment Company of New Mexico, Limited, a corporation organized under the laws of Scotland, filed in the office of the probate clerk of San Miguel county, New Mexico, its certificate of incorporation and articles of association, and a certificate designating Las Yegas as…
2Cases cited13 opinions
- Farmers' & Mechanics' National Bank v. DearingSupreme Court of the United States · 1875
- De Wolf v. JohnsonSupreme Court of the United States · 1825
- Oates v. National BankSupreme Court of the United States · 1879
- Barnet v. National BankSupreme Court of the United States · 1879
- Burnhisel v. FirmanSupreme Court of the United States · 1875
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3Cited by4 opinions
- Delgado v. DelgadoNew Mexico Supreme Court · 1938
- Stiff v. FogersonNew Mexico Supreme Court · 1954
- State v. NunezNew Mexico Supreme Court · 1999
- State v. NunezNew Mexico Supreme Court · 1999