Hopgood v. Miller

Citations

• 107 Wash. 449
• 181 P. 919
• 1919 Wash. LEXIS 764

Syllabus

<p>Usury (13) —Recovery of Usury Paid — Effect of Payment. A mortgagor wb.0 deeds the mortgaged property in satisfaction of a usurious mortgage note is not estopped, by making such payment, from maintaining an action to recover the usurious interest exacted.</p> <p>Same (14, 17)—Value of Property Taken—Pleading and Proof. In an action to recover usurious interest exacted, after plaintiff deeded property to the defendant in satisfaction of the amount demanded, $5,211.60, an answer denying that the property was worth any sum in excess of $5,000, admits it was of that value; and it having been taken in satisfaction of the demand for $5,211.60, such sum must be assumed to be the value of the property at that time.</p>