Peters v. Lowenstein
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. Jacob Klein, Judge. All usurious interest retained and paid on an original note, as well as that retained on the renewal note, must be applied as part payment of the latter note, when suit is instituted by the holder.
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Appeal from the St. Louis City Circuit Court. — Hon. Jacob Klein, Judge. All usurious interest retained and paid on an original note, as well as that retained on the renewal note, must be applied as part payment of the latter note, when suit is instituted by the holder. Bank v. Miller, 73 Mo. 187. While it is usually a question of fact, whether or not money paid under certain circumstances was indirectly paid, as and for usurious interest, yet, under the admitted facts and uncontradicted evidence in this case, the court should have declared that, as a matter of law, all moneys deducted by…
1Opinion of the CourtRombaueb, P. J.
The action is one of replevin by the mortgagee against the mortgagor, seeking to enforce two chattel mortgages which together cover the entire property in controversy, but each of which only covers part of it. The property was retained by the mortgagor, who, under the statute, gave a forthcoming bond with sureties. One of the mortgages was executed to secure a note for $100, and the other a note for $65. The answer sets up the partial failure of consideration of both notes, full payment of the $100 note, partial payment of the $65 note, and the acceptance and retention by plaintiff of…
2Cases cited6 opinions
- Ransom v. HaysSupreme Court of Missouri · 1867
- Rutherford v. WilliamsSupreme Court of Missouri · 1867
- Corby v. BeanSupreme Court of Missouri · 1869
- Moniteau National Bank v. MillerSupreme Court of Missouri · 1880
- Kirkpatrick v. SmithSupreme Court of Missouri · 1874
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Drennon v. DalincourtMissouri Court of Appeals · 1894
- Barnes v. RawlingsMissouri Court of Appeals · 1898
- Schneider v. JohnsonMissouri Court of Appeals · 1911