Sehon v. Edwards

Court of Appeals of Kentucky

Sehon v. Edwards

4 Ky. Op. 131, 1871 Ky. LEXIS 147

DecidedSeptember 7, 1871

StatusPublished

This text of 4 Ky. Op. 131 (Sehon v. Edwards) is published on Counsel Stack Legal Research, covering Court of Appeals of Kentucky primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Sehon v. Edwards, 4 Ky. Op. 131, 1871 Ky. LEXIS 147 (Ky. Ct. App. 1871).

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Opinion

Opinion oe the Oourt by

Judge Hardin :

The' allegations of the answer of the appellant, Sehon, confessed by the demurrer, sufficiently import that the deed was made by McCarthy and wife and the notes of Sehon taken in pursuance of an arrangement, of which the appellee was cognizant, for the purpose of obtaining money from him by ostensibly sharing or discounting the .notes to him, at an usurious rate of interest for the use of the money advanced. This, if true, as alleged [132]*132in the answer, was, in our opinion, according to the case of Richardson v. Scobee, 10 B. Monroe, 12, and other decisions of this court, equivalent to a direct lending of money for usurious interest, and the court therefore erred in sustaining the demurrer of the plaintiff to the answer.

Brown, for appellant. Cochran, for appellee.

Wherefore the judgment is reversed and the cause remanded for further proceedings not inconsistent with this opinion.

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Opinion oe the Oourt by

Judge Hardin :

The' allegations of the answer of the appellant, Sehon, confessed by the demurrer, sufficiently import that the deed was made by McCarthy and wife and the notes of Sehon taken in pursuance of an arrangement, of which the appellee was cognizant, for the purpose of obtaining money from him by ostensibly sharing or discounting the .notes to him, at an usurious rate of interest for the use of the money advanced. This, if true, as alleged [132]*132in the answer, was, in our opinion, according to the case of Richardson v. Scobee, 10 B. Monroe, 12, and other decisions of this court, equivalent to a direct lending of money for usurious interest, and the court therefore erred in sustaining the demurrer of the plaintiff to the answer.

Brown, for appellant. Cochran, for appellee.

Wherefore the judgment is reversed and the cause remanded for further proceedings not inconsistent with this opinion.

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Bluebook (online)

4 Ky. Op. 131, 1871 Ky. LEXIS 147, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sehon-v-edwards-kyctapp-1871.