Anderson v. Creamery Package Manufacturing Co.

Citations

• 8 Idaho 200
• 67 P. 493
• 56 L.R.A. 554
• 1902 Ida. LEXIS 5

Syllabus

<p>Usury — Corrupt Intent. — Where a note provides for interest' at ten per cent per annum, both before and after judgment, and it does not appear that there was a corrupt intent on the part of the lender to receive an unlawful rate of interest, it is not an usurious contract.</p> <p>Chattel Mortgage — Mortgage Lien — Fixtures.—Where machinery is- purchased for use in a permanent building under a contract that the machinery shall remain the property of the seller, or where, after such machinery is placed in such building a chattel mortgage is given by the purchaser to the seller upon such machinery, a real estate mortgage of prior date to the purchaser of such machinery is not a lien upon such machinery, and the mortgagor has a right of action to foreclose his chattel mortgage.</p> <p>(Syllabus by the court.)</p>