Legal Opinion · Dissent

Centennial Associates, Ltd. v. Clark

Supreme Court of Alabama

Decided April 11, 1980No. 78-360Published

1Dissent

I dissent. Respectfully, I say that the majority's definitions of "creditor," "finance charge" and "consumer" make about as much sense as someone defining "illegal" to mean a "sick bird."

Section 5-19-3 provides that the maximum finance charge for any loan ". . . may not exceed the greater of the following. . . ."

Section 5-49-1 defines "finance charge:"

"(1) FINANCE CHARGE. Such term shall include all charges payable directly or indirectly by the debtor and imposed directly or indirectly by the creditor as an incident to the extension of credit, including interest, time price differential,…

2Cases cited3 opinions

  1. Commercial Credit Co. v. TarwaterSupreme Court of Alabama · 1926
  2. Fletcher v. Tuscaloosa Federal Savings & Loan Ass'nSupreme Court of Alabama · 1975
  3. Pryor v. Associates Discount CorporationAlabama Court of Appeals · 1966

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