McCullough Et Ux. v. Hill, (1931)
Court: Supreme Court of Florida
Number:
Visitors: 9
Judges: PER CURIAM. —
Attorneys: M. S. McGregor and Scarlett Futch, for Appellants;
Stewart Stewart, for Appellee.
Filed: Apr. 23, 1931
Latest Update: Mar. 02, 2020
Summary: The appeal in this case is from an order and decree dismissing a bill of complaint filed to foreclose a mortgage. The defense was that the contract constituting the basis of the suit was usurious and unenforceable under the provisions of section 4855 R. G. S., 6942 C. G. L. It appears from the record that the note and mortgage were executed on July 22d 1927; that the note was for the sum of $6,000.00, payable one year after date, with *Page 681 interest at 8% payable quarterly after date. That n
Summary: The appeal in this case is from an order and decree dismissing a bill of complaint filed to foreclose a mortgage. The defense was that the contract constituting the basis of the suit was usurious and unenforceable under the provisions of section 4855 R. G. S., 6942 C. G. L. It appears from the record that the note and mortgage were executed on July 22d 1927; that the note was for the sum of $6,000.00, payable one year after date, with *Page 681 interest at 8% payable quarterly after date. That no..
More
It seems to me that sections 6815, 6816 and 6818 have operated to change the rule as to burden of proof laid down in the cited case of Tucker vs. Fouts.
ON REHEARING.
Source: CourtListener
