O'Connor v. Clopton
Mississippi Supreme Court
Appeal from the Circuit Court of Monroe County. Hon. J. A. Green, Judge. Sarah E. Clopton and her husband sued John O’Connor upon two counts, one for money had and received, and the other, a special count, alleging an indebtedness of the defendant to Mrs. Clopton for money collected by him from her as usurious interest. An exhibit was attached to the plaintiff’s declaration, showing the particulars of the demand. He plead a general denial of the indebtedness charged.
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Appeal from the Circuit Court of Monroe County. Hon. J. A. Green, Judge. Sarah E. Clopton and her husband sued John O’Connor upon two counts, one for money had and received, and the other, a special count, alleging an indebtedness of the defendant to Mrs. Clopton for money collected by him from her as usurious interest. An exhibit was attached to the plaintiff’s declaration, showing the particulars of the demand. He plead a general denial of the indebtedness charged. The evidence, upon the trial, disclosed the fact that the plaintiff, in 1877, borrowed some amount of money from the defendant,…
1Opinion of the CourtCampbell, C. J.
One who pays usurious interest may recover it by an action at law.
- An agent who receives money for his principal, and is notified before he pays it over that he will be held accountable for it to the party paying, cannot shield himself from liability by claiming that the suit should;be against his principal.
There is no error in the instructions, and the judgment is affirmed.
2Cited by2 opinions
- Kremer v. LewisSupreme Court of Minnesota · 1917
- Dickerson v. ThomasMississippi Supreme Court · 1890