Benton v. Wilkins, (1935)
Court: Supreme Court of Florida
Number:
Visitors: 8
Judges: BUFORD, J. —
Attorneys: Philip C. Gorman and Truman G. Futch, for Appellant;
Wells Hall and A. S. Herlong, for Appellee.
Filed: Feb. 25, 1935
Latest Update: Mar. 02, 2020
Summary: The appeal is from a decree of foreclosure. The contention of appellant is that the decree should have been in favor of the defendant on the theory that the defendant's defense of usury had been sustained by proof and that the mortgage should have been cancelled and the defendant should have had a decree against the complainant for double the amount of interest reserved and paid to the plaintiff. The defense was timely made and was the issue tried by the chancellor. There was substantial evidenc
Summary: The appeal is from a decree of foreclosure. The contention of appellant is that the decree should have been in favor of the defendant on the theory that the defendant's defense of usury had been sustained by proof and that the mortgage should have been cancelled and the defendant should have had a decree against the complainant for double the amount of interest reserved and paid to the plaintiff. The defense was timely made and was the issue tried by the chancellor. There was substantial evidence..
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I concur in the opinion and result, but think that some special comment is due in commendation of the very excellent manner in which the counsel for appellant has caused the transcript of the record to be prepared and indexed. A properly prepared transcript of the record is an invaluable asset to the presentation and consideration of an appeal. An index of the contents of such record, such as was adopted and used in this case, is of incalculable value in conserving the time of the judges who are called on to inspect it in connection with their study of the case. I make this observation because I think an expression of special commendation for the excellent transcript in this particular case is warranted.
Source: CourtListener
