Fleming v. Laws

Citations

• 191 F. 283
• 112 C.C.A. 27
• 1911 U.S. App. LEXIS 4941

Syllabus

<p>1. Courts (§ 323*) — Jurisdiction on Federal Courts — Citizenship on Party.</p> <p>Evidence heM sufficient to establish that a complainant was a citizen of New Jersey, and merely had a temporary domicile in West Virginia. on an issue as to diversity of citizenship.</p> <p>[Ed. Note. — For other cases, see Courts, Dec. Dig. § 323.*</p> <p>Diverse citizenship as a ground of federal jurisdiction see notes to Shipp v. Williams, 106 C. C. A. 249; Mason v. Dullagham, 27 C. C. A. 298.]</p> <p>2. Courts (§ 371*) — Jurisdiction—Usury.</p> <p>Under Code. W. Va. 1906, § 3432, which gives to a borrower the right to invoke the aid of a court of equity to compel discovery when it is alleged that usury has been reserved by the lender, a federal court in that state lias jurisdiction in equity of a suit by a borrower to compel credit on his unpaid notes of usury alleged to have been paid, where the requisite diversity of citizenship exists.</p> <p>[Ed. Note. — For other cases, see Courts, Cent. Dig. §§ 907, 972-976; Dec. Dig. § 371.*]</p> <p>3. Usury (§ 117*) — Evidence—Measure of Proof Required.</p> <p>An allegation of usury must be proved by clear and satisfactory evidence.</p> <p>[Ed. Note. — For other cases, see Usury, Cent Dig. §§ 328-310; Dec. Dig. § 117.*]</p> <p>4. Usury (§ 117*) — Evidence—Sufficiency.</p> <p>Evidence considered, and held insufficient to sustain an allegation that a transfer of railroad stock by complainant to defendant was a device to cover usurious interest on a loan.</p> <p>[Ed. Note. — For other cases, see Usury, Cent. Dig. §§ 328-340; Dec. Dig. § 117.*]</p>