Fidelity Trust & Safety Vault Co. v. Ryan
Court of Appeals of Kentucky
Case 36 — Action to Recoves Usury Paid APPEAL PROM JEFFERSON CIRCUIT COURT, COMMON PLEAS DIVISION. Judgment for Plaintiffs and Defendant Appeals. 1. The question of practice is, whether C. H. Ryan has been properly made a co-plaintiff.
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Case 36 — Action to Recoves Usury Paid APPEAL PROM JEFFERSON CIRCUIT COURT, COMMON PLEAS DIVISION. Judgment for Plaintiffs and Defendant Appeals. 1. The question of practice is, whether C. H. Ryan has been properly made a co-plaintiff. If he has not then the judgment is erroneous. 2. The contract to pay the attorney’s fee of $300 is in no sense usurious. 3. The cause of action, if any, for the recovery of the $300, arose immediately upon the execution of the contract, which was in January, 1891, and the suit was not brought until May 6, 1896, and it is barred by limitation. Carr v. Lou.…
1Opinion of the Court
*242Opinion op ti-ie court by
JUDG-B BURNAM
Aerirming.
The original petition in this case was filed on the 6th day of May, 1896, by appellee, Katie G-. Ryan. She alleged that on the 7th day of May 1888, her husband, C. H‘. Ryan, borrowed from appellant $10,000, and executed his notes therefor, with interest at 6 per cent, from date; that these notes were secured by a’mortgage on several tracts- of land situated in Logan county, Ky., part of which, belonged to her and part to her husband; that appellant, at the- date' of the transaction, deducted and retained $410.12 of the money so borrowed, and…
2Cases cited2 opinions
- Witherspoon v. MusselmanCourt of Appeals of Kentucky · 1878
- Thomasson v. TownsendCourt of Appeals of Kentucky · 1873
3Cited by7 opinions
- National Bond & Mortgage Corp. v. MahaneyTexas Supreme Court · 1935
- In Re SchwartzDistrict Court, S.D. Ohio · 1988
- Matter of SchwartzUnited States Bankruptcy Court, S.D. Ohio · 1987
- Fry v. LaytonMississippi Supreme Court · 1941
- Central Kentucky Production Credit Ass'n v. SmithKentucky Supreme Court · 1982
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