Central National Bank v. Cooper
Missouri Court of Appeals
Appeal from the Sullivan. Circuit Court. — Hon. J. P. Butter, Judge. (1) The court erred in holding as a matter of law that plaintiff exacted or received usury. Webb on Usury, sec. 256; Arnold v. Potter, 22 Iowa 194; Townsend v. Riley, 46 N. H. 300; Bank v. Young, 37 Mo. 407; Green v. Kennedy, 6 Mo.
Read the full summary
Appeal from the Sullivan. Circuit Court. — Hon. J. P. Butter, Judge. (1) The court erred in holding as a matter of law that plaintiff exacted or received usury. Webb on Usury, sec. 256; Arnold v. Potter, 22 Iowa 194; Townsend v. Riley, 46 N. H. 300; Bank v. Young, 37 Mo. 407; Green v. Kennedy, 6 Mo. App. 577. (2) It is well settled that it is competent for parties to contract in good faith for the payment of a debt in another state with a higher rate of interest allowed there; and such contract will be enforced even in the state where it was made. Webb on Usury, sec. 256; 27 Am. and Eng.…
1Opinion of the CourtEllison, J.
— This is an action of replevin for the recovery of six head of horses. The court directed a verdict for defendant at the close of plaintiff’s case and the latter took a nonsuit. Plaintiff’s motion to set this aside being overruled it appeals to this court. .
Plaintiff’s title depends upon the validity of a chattel mortgage. It appears that defendant W. A. Cooper in Sullivan county, Missouri, where he resides, gave his note to Olinger & Loyd or order for $1,273 with ten per cent from maturity. This note purports to be dated at Kansas City, Kansas, and is payable at a bank in Kansas City,…
2Cases cited2 opinions
- De Wolf v. JohnsonSupreme Court of the United States · 1825
- Cope v. AldenNew York Supreme Court · 1867
3Cited by10 opinions
- Davis v. TandyMissouri Court of Appeals · 1904
- Trower Bros. v. HamiltonSupreme Court of Missouri · 1904
- Davis v. McCollMissouri Court of Appeals · 1914
- Everett v. Barse Live Stock Commission Co.Missouri Court of Appeals · 1906
- J. I. Case Threshing Machine Co. v. TomlinMissouri Court of Appeals · 1913
5 more not listed; retrieve them via the Exa API.