Devito v. Freberg
Supreme Court of Connecticut
Action by the payee against the maker and indorsers of a promissory note for $228.73, brought to and tried by the Court of Common Pleas in Hartford County, Smith, J.; facts found and judgment rendered for the plaintiff for $210, and appeal by the defendants.
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Action by the payee against the maker and indorsers of a promissory note for $228.73, brought to and tried by the Court of Common Pleas in Hartford County, Smith, J.; facts found and judgment rendered for the plaintiff for $210, and appeal by the defendants. The General Statutes provide that no person shall, “directly or indirectly, loan money to any person and, directly or indirectly, charge, demand, accept or make any agreement to receive, therefor, interest at a rate greater than twelve per centum per annum” (§ 4798); that no person “shall, with intent to evade the provisions” just…
1Opinion of the CourtCase, J.
The finding acquits the plaintiff of any forbidden act or bargain in making the loan, as well as of any unlawful intent in taking the note to secure its payment. The evidence certified to us justifies each of these conclusions of fact, and both must stand. It was undisputed that the only suggestion of a bonus or charge for the use of the money, came from Freberg, the borrower, and other testimony gave ample warrant for finding not only that DeVito refused it, but that the note was urged upon him by Freberg with an express understanding that the lender neither wanted nor expected anything more…
2Cases cited1 opinion
- Douglass v. Boulevard Co.Supreme Court of Connecticut · 1917
3Cited by6 opinions
- Atlas Realty Corp. v. HouseSupreme Court of Connecticut · 1937
- Community Credit Union, Inc. v. ConnorsSupreme Court of Connecticut · 1954
- Contino v. TurelloSupreme Court of Connecticut · 1924
- Manchester Realty Co. v. KanehlSupreme Court of Connecticut · 1944
- Mutual Protective Corporation v. PalatnickSupreme Court of Connecticut · 1934
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