Legal Opinion
Low v. Sutherlin, Barry & Co.
Court of Appeals for the Ninth Circuit
Decided October 21, 1929No. 5785PublishedCited by 6 opinions
1Opinion of the Court
DIETRICH, Circuit Judge.
Under the statutes of California (St. 1919, p. Ixxxiii), the highest rate of interest which may be agreed upon is 12 per cent, per annum. Any contract for a rate in excess of that amount is declared to be void, and it is also provided (section 3) that, where-any one shall for “any loan or forbearance of money” pay any greater rate, he may recover from the payee treble the amount, provided he commences an action for that purpose within one year after such payment.
On July 26, 1927, the plaintiff herein commenced such an action for the recovery of treble the amount of…
2Cases cited9 opinions
- Haines v. Commercial Mortgage Co.California Supreme Court · 1927
- Nichols v. FearsonSupreme Court of the United States · 1833
- Clement Mortgage Co. v. JohnstonSupreme Court of Oklahoma · 1921
- Cissna Loan Co. v. GawleyWashington Supreme Court · 1915
- Easton v. Butterfield Live Stock Co.Idaho Supreme Court · 1929
4 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- General Motors Acceptance Corp. v. Mid-West Chevrolet Co.Court of Appeals for the Tenth Circuit · 1933
- Unity Plan Finance Co. v. GreenSupreme Court of Louisiana · 1934
- Small v. EllisArizona Supreme Court · 1961
- Jenkins v. DuggerCourt of Appeals for the Sixth Circuit · 1938
- Unity Plan Finance Co. v. GreenLouisiana Court of Appeal · 1933
1 more not listed; retrieve them via the Exa API.