Wyoming Reports Volume 12

Wyoming Reports Volume 12

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1905 edition. Excerpt: ...error for five years, and in that time she has paid fourteen hundred seventy-eight dollars ($1,478) on a loan of fifteen hundred dollars ($1,500), and, according to the contention of the plaintiff in error, she has reduced her loan two hundred dollars ($200), in round numbers. Paying at this rate, she would continue to pay to the plaintiff in error during a term of about thirty-five years before she would complete the payment of her loan, and in that time she would pay to this association many thousands of dollars, yet the plaintiff in error comes into a court of equity and asks the court to enforce, under the principles of equity jurisprudence, such an outrageous contract. The whole contention of the brief of the counsel of the plaintiff in error is that it is a c0ntract--that it is "nominated in the bond." that it matters not what the terms of the agreement are or whether its results are inequitable or not, that it must be kept by the unwary borrower, including premiums and penalties and commissions and all the other subterfuges that the ingenious agents of this association have attached to the real contract of the parties. The plaintiff in error in its brief seeks to shield itself under the proposition that there was no usury law in the State of Wyoming at the time of the execution of this note and mortgage and other contracts, and it leaves the impression that, because there was no usury law at that time, that any character of contract. the most unjust, is beyond the reach of the court of equity, a principle to which we do not subscribe, and we believe that the courts of equity, when these contracts are brought before them, will do justice between the parties. The contracts of building associations have been construed by...show more

Product details

  • Paperback | 208 pages
  • 189 x 246 x 11mm | 381g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236898354
  • 9781236898357