Brown v. Johnson
Utah Supreme Court
Appeal from. District Court, Third District; Hon. F. G. Loofbourow, Judge. Action by Carrie Brown against Sarah M. Johnson. Judgment for defendant. Plaintiff appeals.
1Opinion of the CourtErick, J.
This was an action to recover upon a promissory note given for $350. The only defense interposed is usury. A trial to the court resulted in findings and judgment for defendant, and the plaintiff appeals.
The interest specified in the note did' not exceed the rate permitted by our statute, and hence the defendant undertook to prove usury by parol evidence. We have carefully gone over and examined all of the evidence that was produced at the trial, and which was certified up by the trial court in appellant’s bill of exceptions. The material evidence produced by both parties is substantially as…
2Cases cited21 opinions
- Fowler v. Equitable Trust Co.Supreme Court of the United States · 1891
- Call v. PalmerSupreme Court of the United States · 1885
- Clarke v. HavardSupreme Court of Georgia · 1900
- Payne v. NewcombIllinois Supreme Court · 1881
- Rogers v. BuckinghamSupreme Court of Connecticut · 1865
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3Cited by8 opinions
- Speas v. Merchants Bank & Trust Co.Supreme Court of North Carolina · 1924
- Vela v. ShacklettTexas Commission of Appeals · 1929
- Cobb v. HartensteinUtah Supreme Court · 1915
- Blanchard v. Dominion National BankSupreme Court of Virginia · 1921
- Commercial Finance Corp. v. GaleSupreme Court of Vermont · 1932
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