Legal Opinion

Stickney v. Moore

Supreme Court of Alabama

Decided November 15, 1895PublishedCited by 19 opinions

Appeal from I-Iale Chancery Court. Heard before Hon. W. PI. Tayloe. This bill was filed by Mary E. Childress and her husband Jefferson V. Childress against Jas.

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Appeal from I-Iale Chancery Court. Heard before Hon. W. PI. Tayloe. This bill was filed by Mary E. Childress and her husband Jefferson V. Childress against Jas. P. Moore, Thomas G. Moore, Mat Moore, Richard H. Stickney, Madison Jones, L. J. Lawson, Stitli Evans and the Scottish American Mortgage Co. The bill alleges that being indebted to the complainant, to secure the same the defendants James, Thomas and Mat Moore did on September lltli 1882 execute to her a mortgage on the lands described therein, and that they did on the same day execute to the Scottish American Mortgage Co., a mortgage-…

1Opinion of the CourtHaralson, J.

1. The rule seems to be well established that the payment of interest on overdue installments of interest, evidenced by separate notes for interest on the principal, does not constitute usury ; and that interest is recoverable upon coupons after their maturity, which were given at the time of the accrual of a debt, for the annual interest accruing thereon; for, being promissory notes, it is regarded as just, that if not paid when due, they should draw interest, by way of damages for the detention of the money. This principle was recognized by this court, in the recent case of Guin v. N. Eng.…

2Cases cited21 opinions

  1. Aurora City v. WestSupreme Court of the United States · 1869
  2. Pana v. BowlerSupreme Court of the United States · 1883
  3. McGuire v. Van PeltSupreme Court of Alabama · 1876
  4. Eslava v. LepretreSupreme Court of Alabama · 1852
  5. Security Loan Ass'n v. LakeSupreme Court of Alabama · 1881

16 more not listed; retrieve them via the Exa API.

3Cited by19 opinions

  1. James W. Partain v. The First National Bank of MontgomeryCourt of Appeals for the First Circuit · 1972
  2. Graham v. FittsSupreme Court of Florida · 1907
  3. Alabama Fidelity & Casualty Co. v. Alabama Penny Sav. BankSupreme Court of Alabama · 1917
  4. Alabama City, G. & A. Ry. Co. v. City of GadsdenSupreme Court of Alabama · 1913
  5. Redd Bros. v. ToddSupreme Court of Alabama · 1922

14 more not listed; retrieve them via the Exa API.

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