Ransom v. Hays
Supreme Court of Missouri
Error to Buchanan Common Pleas. The principle that a person who has paid to another usurious interest can recover the same from the receiver, is too common and apparent to be questioned — 8 Mo. 191; 20 John. 293. This right is personal, and cannot be exercised by any other until the position of the parties is changed by the election of the payer of the usury; but when the election is made in court, and the right asserted, the claim becomes a right in action, instead a right…
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Error to Buchanan Common Pleas. The principle that a person who has paid to another usurious interest can recover the same from the receiver, is too common and apparent to be questioned — 8 Mo. 191; 20 John. 293. This right is personal, and cannot be exercised by any other until the position of the parties is changed by the election of the payer of the usury; but when the election is made in court, and the right asserted, the claim becomes a right in action, instead a right of action, and is a property. The payer of the usury may elect to avail himself of his right to recover, which is…
1Opinion of the CourtWagner, Judge
Ransom, who was a judgment creditor of one Bagby, having sued out an execution on his judgment, caused the defendant Hays to be summoned' as garnishee. In addition to the usual interrogations, Ransom propounded and filed the following: “ At the time you were summoned as garnishee, had or had not defendant Robert F. Bagby sued you for usury, and if so, how much usury has he paid you within the last three years that has not been repaid ?” In answer to this interrogatory, Hays stated that he was sued by Bagby for usury; that the suit was commenced before the notice of garnishment was sued, and…
2Cases cited3 opinions
- Wheaton v. HibbardNew York Supreme Court · 1822
- Rock River Bank v. SherwoodWisconsin Supreme Court · 1860
- Hawkins v. WelchSupreme Court of Missouri · 1844
3Cited by28 opinions
- Parker v. Bethel Hotel Co.Tennessee Supreme Court · 1896
- State Ex Rel. Government Employees Insurance Co. v. LaskyMissouri Court of Appeals · 1970
- Bexar Building & Loan Ass'n v. RobinsonTexas Supreme Court · 1890
- Stillwell v. AaronSupreme Court of Missouri · 1879
- Rutherford v. WilliamsSupreme Court of Missouri · 1867
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