Legal Opinion

Vahlberg v. Keaton

Supreme Court of Arkansas

Decided May 15, 1889PublishedCited by 20 opinions

APPEAL from Garland Circuit Court. J. B. Wood, Judge. The evidence in this case shows that the broker was the agent of the borrower. If a greater amount than ten per cent, was exacted, it was for the broker’s commissions, notary’s fees, etc., and did not constitute the loan usurious.' See 9 Ark., 23; 25 Id., 190, 258; 116U. S.,98; 23 Fed.

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APPEAL from Garland Circuit Court. J. B. Wood, Judge. The evidence in this case shows that the broker was the agent of the borrower. If a greater amount than ten per cent, was exacted, it was for the broker’s commissions, notary’s fees, etc., and did not constitute the loan usurious.' See 9 Ark., 23; 25 Id., 190, 258; 116U. S.,98; 23 Fed. Rep., 162; 46 N. J. Law, 35; 106 Ill., 549; 31 Minn., 495; 91 N. Y., 324; 92 N. Y., 34; 13 Neb., 157. The evidence in this case makes a clear case of usury, and no pretence that Smith the broker, was the agent of the borrower can validate the loan. While it…

1Opinion of the CourtHemingway, J.

The appellant, claiming title under tlie appellee, brought ejectment in the Garland Circuit Court to recover of her two parcels of land. The lands had been sold under the power contained in two deeds of trust executed by her, and the appellant had purchased them. She seeks to defeat the title thus acquired, upon a plea that the deeds of trust were each given to secure usurious loans from the appellant to her.

The case was tried by a jury. There was verdict and judgment for the appellee, defendant in the court below. The appellant assigns as grounds to reverse the judgment, that the court erred…

2Cases cited19 opinions

  1. Condit v. . BaldwinNew York Court of Appeals · 1860
  2. Daily v. SwopeMississippi Supreme Court · 1872
  3. Call v. PalmerSupreme Court of the United States · 1885
  4. People Ex Rel. Davies v. CowlesNew York Court of Appeals · 1856
  5. People ex rel. Kennedy v. GiesMichigan Supreme Court · 1872

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3Cited by20 opinions

  1. Griffin v. RhotonSupreme Court of Arkansas · 1907
  2. Winston v. Personal Finance Co. of Pine Bluff, Inc.Supreme Court of Arkansas · 1952
  3. Brown v. Lasalle ArcherMissouri Court of Appeals · 1895
  4. Bank of Newport v. CookSupreme Court of Arkansas · 1895
  5. Federal Mortgage Co. v. State Nat. Bank of CorsicanaCourt of Appeals of Texas · 1923

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