Tompkins v. Vaught
Supreme Court of Arkansas
Appeal from Polk Chancery Court; Jas. D. Shaver, Chancellor; 1. Appellees are estopped. No man can take advantage of his own wrong. 5 L. R. A. 344; 52 Ark. 211. The Vaughts claimed to have received $774 and begun their contest on the ground that the contract is usurious and then receive and cash the check for $36 more and then still insist on equitable relief. They are estopped. 32 Ark. 346; 53 Id. 514; 30 Id. 453; 97 Id. 163. . 2. The contract was not usurious.
Read the full summary
Appeal from Polk Chancery Court; Jas. D. Shaver, Chancellor; 1. Appellees are estopped. No man can take advantage of his own wrong. 5 L. R. A. 344; 52 Ark. 211. The Vaughts claimed to have received $774 and begun their contest on the ground that the contract is usurious and then receive and cash the check for $36 more and then still insist on equitable relief. They are estopped. 32 Ark. 346; 53 Id. 514; 30 Id. 453; 97 Id. 163. . 2. The contract was not usurious. Cox was the agent of the borrower and the interest and commission paid him do not make the loan usurious. 63 Ark. 385; lb. 249; 66…
1Opinion of the CourtMcCULLOCH, C. J.
This is an action instituted by appellant against appellees in the chancery court of Polk County to foreclose a mortgage executed by appellees on land in that county. Appellees pleaded usury as a defense, and the chancellor sustained the plea upon the testimony adduced and rendered a decree dismissing appellant’s complaint for want of equity.
Appellees borrowed money from F. B. Collins, doing business at Oklahoma City under the trade name of The F. B. Collins Investment Company, and executed to Collins their note for the sum of $900, payable in seven years from date with interest at the rate…
2Cases cited2 opinions
- Garvin v. LintonSupreme Court of Arkansas · 1896
- Crebbin v. DeloneySupreme Court of Arkansas · 1902
3Cited by8 opinions
- Dickinson-Reed-Randerson Company v. StroupeSupreme Court of Arkansas · 1925
- Dupree v. Virgil R. Coss Mortgage CompanySupreme Court of Arkansas · 1924
- Temple v. HamiltonSupreme Court of Arkansas · 1928
- Fletcher v. HurdleSupreme Court of Arkansas · 1976
- Dickey v. Phoenix Finance CompanySupreme Court of Arkansas · 1937
3 more not listed; retrieve them via the Exa API.