Meem v. Dulaney

Citations

• 88 Va. 674
• 14 S.E. 363
• 1892 Va. LEXIS 18

Syllabus

<p>1. IXsuiiy — • Octse at bar. — Borrower of money in 1870, agreed by liis bond to pay lender six per cent, per annum, and by a separate instrument, to indemnify him for any taxes tile state might impose on his bond-;</p> <p>Held :</p> <p>The transaction was usurious. Acts 1874, ch. 122, § 5.</p> <p>2. Idem — Jfemare of relief. — In such case borrower is entitled to be relieved from payment of all save the principal, and to have all payments made on account of interest, deducted from the principal.</p> <p>8. Idem — Recovery of money paid. — Keither the doctrine that money paid on an illegal contract cannot be recovered back, nor the doctrine of the application of payments, applies to cases of money paid on usurious contracts.</p> <p>4. Idem.— Issue. — Where the bill charges that the debt was usurious and prays that the sale of land whereon it is secured, be enjoined, and that the usury be passed on by a jury, and the amount actually due ascertained by the court, and no discovery is asked for, it is the duty of the court to direct the issues to be made up and tried by the jury. Code 1873, ch. 137, § 12.</p>