Thompson v. Prettyman

Citations

• 231 Pa. 1
• 79 A. 874
• 1911 Pa. LEXIS 782

Syllabus

<p>Arbitration — Findings of referee — Appeals—Paper-books—Evidence.</p> <p>1. Findings of a referee confirmed by the court will not be disturbed by an appellate court, where there is evidence to support them, and manifest error does not appear.</p> <p>2. The appellate court cannot reverse a referee’s findings of fact, where the appellant has failed to print the testimony in his paper-book.</p> <p>Interest — Usury—Release—Subsequent transactions.</p> <p>3. Where the taint of usury attaches to an original transaction between a borrower and lender, it attaches to all consecutive obligations or securities growing out of the original vicious transaction, and none of the descendant obligations, however remote, can be free from it if the descent can be traced.</p> <p>4. Where there has been a voluntary payment of usury, a subsequent release without consideration of any claim based upon such usury will not avail as a defense to the recovery of the usury paid by the borrower. The rule obtains when a release is exacted as a condition to the settlement of the loan for the usury paid on the loan, or on prior successive loans forming parts of one and the same transaction.</p>