Murphy v. Prosser

Citations

• 96 Wash. 499
• 165 P. 390
• 1917 Wash. LEXIS 610

Syllabus

<p>Actions — Joinder op Causes — Contracts — Same Transaction. Plaintiff may unite two causes of action, one upon a demand note, and the other upon a note secured by mortgage, both of which arose out of the same transaction, under Rem. Code, § 296, authorizing the uniting of several causes of action when they arise out of contract, or from the same transaction.</p> <p>Usury — Evidence—Admissibility. In an action to recover on notes given for the purchase price of property and advances for improvements thereon, evidence as to the value of the property has no bearing upon the defense of usury.</p> <p>Same — Evidence—Sufficiency. In such an action, the fact that the property was sold upon a long time mortgage with a moderate rate of interest for $5*,000 more than it was previously purchased for, would not indicate that the inclusion of the $5,000 in the mortgage was colorable and usurious as a cloak or cover for a bonus or forbearance.</p>