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Judgment Search Results Home > Cases Phrase: the usurious loans act 1918 Sorted by: old Year: 1891

Feb 02 1891 (FN)

United States Mortgage Co. Vs. Sperry

Court : US Supreme Court

Decided on : Feb-02-1891

..... allowance of interest upon past-due coupons that were not negotiable securities. the court below was therefore right in treating the loan as one only of $87,870.73. it is contended that this loan was usurious, peddicord v. connard, 85 ill. 102; leonard v. patton, 106 ill. 99; ammondson v. ryan, 111 ill ..... that the petition to the county court for leave to mortgage shall be supported by any particular amount of proof, nor prevent the court from acting upon its personal knowledge of the facts. the orders showing the leave of the county court to make the mortgages in suit are entirely consistent ..... court could authorize the execution of mortgages to secure the payment of money borrowed, the mortgages in suit are not of that class, because the act of 1872 provides that the mortgages executed under it shall be foreclosed only upon petition in the county court, and that no strict foreclosure shall ..... be given ( 31) by publication to all persons concerned, and tried "as in other cases in chancery." any order made or judgment rendered under the act may be reviewed upon appeal to the circuit court ( 43), the appellant giving such bond and security as the court directs. the statute contains many ..... is founded, and a description of the premises sought to be mortgaged." the statute also declares ( 26) "that foreclosures of mortgages authorized by this act shall only be made by petition to the county court of the county where letters of guardianship were granted, or, in case of nonresident minors, in .....

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Oct 28 1891 (FN)

Fowler Vs. Equitable Trust Co.

Court : US Supreme Court

Decided on : Oct-28-1891

..... retained and charged for what is called 'commissions;' that he had the right to charge any sum be chose, and that would not render the loan usurious. had stevens not known that newcomb was making such charges, it may be that he would not have been affected by them; but here it ..... the bill, and made defense upon several grounds. page 141 u. s. 387 but the original answer is important only as alleging that the loan was usurious and was consummated in the manner it was with intent to evade the statutes of illinois relating to interest. the plaintiff filed a general replication ..... . in illinois, when the contract of loan is usurious, the lender, suing the borrower for the balance due, can only recover the principal sum, diminished by applying as credits thereon all payments made on ..... with the company at the time he became agent, that he was to get pay for his services as agent in commissions from borrowers, such loan is usurious under the law of illinois, although the company was not informed, in the particular case, that the agent exacted and received commissions from the borrower ..... supreme court of illinois and the manifest policy of the law of that state relating to usury, we cannot adjudge that a loan, under a fixed arrangement between the lender and an individual that the latter will act as the agent of the former at a particular place, and obtain compensation for his .....

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Dec 07 1891 (FN)

Coghlan Vs. South Carolina R. Co.

Court : US Supreme Court

Decided on : Dec-07-1891

..... been no recovery, for, by the law of that state, if a contract was usurious, it was void, and no recovery could have been had of principal or interest. the court held it to be an illinois contract, and its validity ..... the holder of a bill drawn at chicago, illinois, upon parties in new york, and accepted payable at a bank in new york. the defense was usury, and the question was presented as to whether the contract was a new york or an illinois contract. if a new york contract, there could have ..... place of performance is higher than that permitted at the place of the contract, the parties may stipulate for the higher interest without incurring the penalties of usury." so, in carnegie v. morrison, 2 met. 381, 397, chief justice shaw, after stating the general rule to be that the lex loci contractus ..... the ?500 bonds were in the following form: "?500 st'g. ?500 st'g." " united states of america, state of south carolina." " five per cent. loan " "the louisville, cincinnati and charleston railroad company, under the guaranty of the state of south carolina, promise to pay to bearer five hundred pounds sterling, redeemable on the ..... warrants calling only for ?6.5s. interest. upon the back of each bond was endorsed the above act of december 20, 1837, in these words: "an act to lend the credit of the state to secure any loan which may be made by the louisville, cincinnati and charleston railroad company, and for other purposes." " be .....

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