Legal Opinion
Small v. Ellis
Arizona Supreme Court
Decided December 13, 1961No. 6634PublishedCited by 14 opinions
1Opinion of the Court
PATTERSON, Judge.
This is an appeal by plaintiff from a judgment of the Superior Court of Maricopa County in an action upon a promissory note to which the defense of usury was sustained. The material facts of the case are not in dispute. The plaintiff loaned defendants $210,000 in consideration of which defendants executed a promissory note for $246,750. The promissory note containing an acceleration clause reads as follows:
“Promissory Note
“$246,750.00 Phoenix, Arizona,
May 28, 1952
“As Hereinafter Stated, for value received, we promise to pay to W. J. Small, or order, the sum of Two Hundred…
2Cases cited20 opinions
- Shropshire v. Commerce Farm Credit Co.Texas Supreme Court · 1930
- Reed v. Real Detective Publishing Co.Arizona Supreme Court · 1945
- Parks, Administrator v. LubbockTexas Supreme Court · 1899
- Penziner v. West American Finance Co.California Court of Appeal · 1933
- Sharp v. Mortgage Security Corp. of AmericaCalifornia Supreme Court · 1932
15 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Altherr v. Wilshire Mortgage CorporationArizona Supreme Court · 1968
- Cannon v. DunnCourt of Appeals of Arizona · 1985
- Browne v. NowlinArizona Supreme Court · 1977
- Herbert B. Peterson v. The Mountain States Telephone and Telegraph Company, a CorporationCourt of Appeals for the Ninth Circuit · 1965
- Alcombrack v. CiccarelliCourt of Appeals of Arizona · 2015
9 more not listed; retrieve them via the Exa API.