Brown v. Slocum
Court of Appeals for the D.C. Circuit
Hearing on an appeal by the defendant from a judgment of the Supreme Court of the District of Columbia, rendered on an agreed statement of facts, in an action to recover usurious interest alleged to have been paid.
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Hearing on an appeal by the defendant from a judgment of the Supreme Court of the District of Columbia, rendered on an agreed statement of facts, in an action to recover usurious interest alleged to have been paid. The Court in the opinion stated the facts as follows: This suit was brought in the supreme court of the District of Columbia by appellee, Eva Slocum, plaintiff below, to recover from appellant, O. P. M. Brown, the sum of $48.60, alleged usury paid by appellee to appellant. The case was submitted to the court below on an agreed statement of fact, which, among other things, sets out…
1Opinion of the CourtJustice Van Orsdel
It is admitted that the money sued for, which was retained, at the time the loan was made, under the subterfuge of a commission, was, “under the law in force in the District of Columbia, usury.” This admission reduces the inquiry to one question : Is this claim barred by the statute of limitations ? Sec. 1181 of the Code of the District provides: “If any person or corporation in the District shall, directly or indirectly, take or receive any greater amount of interest than is herein declared to be lawful, whether in advance or not, the person or corporation paying the same shall be entitled…
2Cases cited2 opinions
- McBroom v. Scottish Mortgage & Land Investment Co.Supreme Court of the United States · 1894
- Carter v. CarusiSupreme Court of the United States · 1884
3Cited by5 opinions
- Bowen v. Mount Vernon Sav. BankCourt of Appeals for the D.C. Circuit · 1939
- Cockrell v. First Federal Savings & Loan Ass'nDistrict of Columbia Court of Appeals · 1943
- Torosian v. National Capital Bank of WashingtonDistrict Court, District of Columbia · 1976
- Industrial Bank of Washington, Inc. v. Viola PageCourt of Appeals for the D.C. Circuit · 1957
- Knott v. JacksonDistrict of Columbia Court of Appeals · 1942