Johnson v. Vette
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. John A. Talty, Judge. Exacting usurious interest on a loan, or receiving it without exacting it, avoids a pledge of personal property made to secure the loan. Laws of Mo. 1891,. p. 170, sec. 2; Drennan v. Dalincourt, 56 Mo. App. 132. The evidence, as to the value of the property in this case, was proper and sufficient. Chemical Co. v. Nickells, 66 Mo. App. 678; Willison v. Smith, 60 Mo.
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Appeal from the St. Louis City Circuit Court. — Hon. John A. Talty, Judge. Exacting usurious interest on a loan, or receiving it without exacting it, avoids a pledge of personal property made to secure the loan. Laws of Mo. 1891,. p. 170, sec. 2; Drennan v. Dalincourt, 56 Mo. App. 132. The evidence, as to the value of the property in this case, was proper and sufficient. Chemical Co. v. Nickells, 66 Mo. App. 678; Willison v. Smith, 60 Mo. App. 469; Jennings v. Sparkman, 48 Mo. App. 246; Anchor Milling Co. v. Walsh, 24 Mo. App. 97; State-to use v. Johnson, 1 Mo. App. 220. The Act of .1891…
1Opinion of the CourtBiggs, J.
This is an action to recover possession of a lot of furniture. The defendant gave a forthcoming bond and retained the property. The defendant claims that he held it as security for a debt due from plaintiff to him. The plaintiff admitted the pledge, but averred that he had discharged the indebtedness and further that the defendant had exacted usurious interest on the loan, and that by reason whereof the pledge was void. There was evidence tending to support both of plaintiff’s contentions. The witness for plaintiff was to the effect that in 1892 he borrowed of defendant $44.50, for which he…
2Cases cited2 opinions
- Willison v. SmithMissouri Court of Appeals · 1895
- Drennon v. DalincourtMissouri Court of Appeals · 1894
3Cited by1 opinion
- Missouri Discount Corp. v. MitchellMissouri Court of Appeals · 1924