Banks v. Walters
Supreme Court of Arkansas
Appeal from -Clark Chancery Court; James D. Shaver, Chancellor; statement by the court. The appellant states in his complaint that about January 26, 1905, he purchased from Paul T. Davidson a certain lot of land in the city of Arkadelphia, Arkansas, for one hundred dollars; that he paid ten dollars cash and executed his note for ninety dollars with interest at ten per cent, per annum from date until paid, due one year after date; that Davidson executed to appellant bond for…
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Appeal from -Clark Chancery Court; James D. Shaver, Chancellor; statement by the court. The appellant states in his complaint that about January 26, 1905, he purchased from Paul T. Davidson a certain lot of land in the city of Arkadelphia, Arkansas, for one hundred dollars; that he paid ten dollars cash and executed his note for ninety dollars with interest at ten per cent, per annum from date until paid, due one year after date; that Davidson executed to appellant bond for title, which appellant had lost; that when the note was due appellant made an agreement with appellees whereby they were…
1Opinion of the Court
Wood, J.,
(after stating the facts). The complaint alleges that appellees falsely claim that there is a balance due them for what they call rent to April 1, 1909, of $13.50, and the original note of $90, making a total of $103.50; that by making this claim appellees are seeking to take undue advantage of appellant and to force him to pay more than is due them.” While this is not a technical plea of usury, it is a sufficient allegation to cause a court of equity to scrutinize the transaction closely, in order to determine whether or not the parties seeking a benefit under it are attempting to…
2Cases cited2 opinions
- Scott v. LloydSupreme Court of the United States · 1835
- Strauss v. WhiteSupreme Court of Arkansas · 1899
3Cited by3 opinions
- McElroy v. GrishamSupreme Court of Arkansas · 1991
- Dicken v. SimpsonSupreme Court of Arkansas · 1915
- Tancred v. First National Bank of Fort SmithSupreme Court of Arkansas · 1917