Tolman v. Union Casualty & Surety Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. John A. Talty, Judge. STATEMENT OE THE CASE. This action was on the following instrument: “Articles of agreement, made and entered into this tenth day of June, A. D. 1898, by and between D. H. Tolman, party of the first part, and Milton R. Andrews, of 1606 N. ■Jefferson ave., St. Louis, party of the second part, witnes■seth: “That said party of the. second part hereby sells, assigns and transfers to said party of the first…
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Appeal from St. Louis City Circuit Court. — Hon. John A. Talty, Judge. STATEMENT OE THE CASE. This action was on the following instrument: “Articles of agreement, made and entered into this tenth day of June, A. D. 1898, by and between D. H. Tolman, party of the first part, and Milton R. Andrews, of 1606 N. ■Jefferson ave., St. Louis, party of the second part, witnes■seth: “That said party of the. second part hereby sells, assigns and transfers to said party of the first part for the sum of $140 and other good and valuable considerations, the receipt of which is hereby acknowledged, any and…
1Opinion of the CourtGoode, J.
We have no doubt that' the agreement between Tolman and Andrews was for the purpose of making and securing a usurious loan. Andrews swears to this and he is not contradicted unless the instrument itself contradicts him. We think it corroborates him and was nothing more than a shift or ruse to evade the statutes against usury — one of the thousand protean forms which such evasions assume. The proviso that Tolman might collect the salary and apply *279the same to the liquidation of the obligations due from Andrews to him, hardly permits any other interpretation. If this is true, it was, of course,…
2Cases cited8 opinions
- Tarbell v. ParkerMassachusetts Supreme Judicial Court · 1871
- Thomas v. Town of BrooklynSupreme Court of Iowa · 1882
- Jones v. WebsterSupreme Court of Alabama · 1872
- Kimball v. SattleySupreme Court of Vermont · 1883
- Voorhis v. StaedMissouri Court of Appeals · 1895
3 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Service Purchasing Co. v. BrennanMissouri Court of Appeals · 1931
- Henderson v. TolmanMissouri Court of Appeals · 1908
- Lyons v. SmithMissouri Court of Appeals · 1905