Principles of the Law of Interest As Applied By Courts of Law And Equity in the
Principles of the Law of Interest As Applied By Courts of Law And Equity in the
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) 131 (1892). 3 54 Ga. 190 (1875).
* 1 B. Mon. (Ky. ) 314 (1841) ; 5 B. Mon. (Ky. ) 93 (1844). *21 Vt. 38 (1848). « 7 Cow. (N. Y. ) 290 (1827). 17 258 THE LAW OF INTEREST.
on the contract, if any part of the legal amount due re- mains unpaid, ^ but not otherwise. The fact that the usury was voluntarily i)aid, or the statute of limitations, can be pleaded in defence to such set-otf.^ It must be usury paid on the contract sued on.^ It cannot l)e recovered after the transaction is closed ;^ and th...e contract must still be in the hands of him who received the usuiy souixht to be set oil", or in the hands of an assignee with notice.^ The New Hampshire court has recently decided, however, that where the defendant has paid the plaintiff usurious interest on a note which the plaintiff afterward sold, it may Ije set off in an action on another note. *' All payments of usurious interest made may, at the payor's option, be regarded as partial payments made on the principal and valid interest, and reckoned l)y the partial payment rule.
What to read after Principles of the Law of Interest As Applied By Courts of Law And Equity in the?
You can find similar books in the "Read Also" column, or choose other free books by Perley, Sidney, 1858-1928 to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
) 131 (1892). 3 54 Ga. 190 (1875).
* 1 B. Mon. (Ky. ) 314 (1841) ; 5 B. Mon. (Ky. ) 93 (1844). *21 Vt. 38 (1848). « 7 Cow. (N. Y. ) 290 (1827). 17 258 THE LAW OF INTEREST.
on the contract, if any part of the legal amount due re- mains unpaid, ^ but not otherwise. The fact that the usury was voluntarily i)aid, or the statute of limitations, can be pleaded in defence to such set-otf.^ It must be usury paid on the contract sued on.^ It cannot l)e recovered after the transaction is closed ;^ and th...e contract must still be in the hands of him who received the usuiy souixht to be set oil", or in the hands of an assignee with notice.^ The New Hampshire court has recently decided, however, that where the defendant has paid the plaintiff usurious interest on a note which the plaintiff afterward sold, it may Ije set off in an action on another note. *' All payments of usurious interest made may, at the payor's option, be regarded as partial payments made on the principal and valid interest, and reckoned l)y the partial payment rule.
What to read after Principles of the Law of Interest As Applied By Courts of Law And Equity in the?
You can find similar books in the "Read Also" column, or choose other free books by Perley, Sidney, 1858-1928 to read onlineMoreLess
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