Crebbin v. Deloney
Supreme Court of Arkansas
Appeal from Howard Circuit Court in Chancery. Will P. Feazel, Judge. STATEMENT BY THE COURT. This is an action commenced in the Horward circuit court, founded upon a promissory note or bond executed and delivered by the appellee, Alchymy Deloney, and his wife to the Jarvis-Conklin Mortgage Trust Company on the 1st day of January, 1888, for $2,350, bearing interest at the rate of 7 per centum per annum, payable semiannually, until due, and 10 per centum after maturity until…
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Appeal from Howard Circuit Court in Chancery. Will P. Feazel, Judge. STATEMENT BY THE COURT. This is an action commenced in the Horward circuit court, founded upon a promissory note or bond executed and delivered by the appellee, Alchymy Deloney, and his wife to the Jarvis-Conklin Mortgage Trust Company on the 1st day of January, 1888, for $2,350, bearing interest at the rate of 7 per centum per annum, payable semiannually, until due, and 10 per centum after maturity until paid. To secure the payment of this principal note, the appellees, Deloney and wife, executed and delivered to Samuel M.…
1Opinion of the Court
Hughes, J.,
(after stating 'the facts.) The appellant contends that this is a Missouri contract, and the appellee that it is an Arkansas contract. The court is of the opinion that it is a Missouri contract, because it is dated and payable at Kansas Cit)r, Missouri, and must be governed by the laws of Missouri. The court is of the opinion also that the evidence is sufficient to sustain the decree that the contract is usurious under the laws of Missouri upon the subject of usury, and the decree to that extent is affirmed.
But the decree as to the penalty, — that is, the forfeiture of the interest…
2Cases cited4 opinions
- Barnet v. National BankSupreme Court of the United States · 1879
- Stevens v. BrownWest Virginia Supreme Court · 1882
- Western Transportation & Coal Co. of Michigan v. KilderhouseNew York Court of Appeals · 1882
- State v. KirkpatrickSupreme Court of Arkansas · 1877
3Cited by6 opinions
- Huchingson v. Republic Finance CompanySupreme Court of Arkansas · 1963
- Casner v. HoskinsOregon Supreme Court · 1912
- Arden Lumber Co. v. Henderson Iron Works & Supply Co.Supreme Court of Arkansas · 1907
- Lawler v. LawlerSupreme Court of Arkansas · 1913
- Tompkins v. VaughtSupreme Court of Arkansas · 1919
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