The Law of Quasi Contracts
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Civil Code, 1918.
2 Carter v. Carusi, 1884, 112 U. S. 478; 5 S. Ct. 281, (Dist. Of Cbl. ) ; Matthews v. Paine, 1885, 47 Ark. 54 ; 14 S. W. 463 ; Nichols v. Skeel, 1861, 12 la. 300, (forfeiture goes to school fund) ; Crosby v. Bennett, 1843, 7 Mete. (Mass. ) 17 ; Ransom v. Hayes, 1867, 39 Mo. 445, (forfeiture goes to school fund). In Nichols v. Skeel, supra, it was also declared that the parties were in pari delicto. Upon that point see the following section.
3 Gross . Coffey, 1896, 111 Ala. 468... ; 20 So. 428 ; Hadden . Innes, I860, 24 111. 382 ; Gist v. Smith, 1880, 78 Ky. 367 ; Woolfolk . Bird, 1876, 22 Minn. 341 ; Blain . Willson, 1891, 32 Neb. 302 ; 49 N. W. 224 ; Merchants Bank v. Lutterloh, 1879, 81 N. C. 142 ; Beach v. Guaranty Sav. Assn. , 1904, 44 Or. 530; 76. Pac. 16. In Gross v. Coffey, supra, MCCLELLAN, J. Said (p. 475) : "At common law such recovery was allowed, and in many of the states the action is sustained. The ruling, however, at common law and in those states, except when their statutes expressly or impliedly authorize this action, goes upon the theory that a contract to pay usury is illegal and void, and not voidable merely ; and the main difference between the statutes in the states referred to and our own lies in the fact that they either in terms declare, or have been construed and held to declare, such con- tracts absolutely void, while the statutes of Alabama do not so declare, but only provide that a usurious contract cannot, when the objection is properly taken to it, be enforced in respect to the usury or interest, but may be as to the principal, and have uniformly been held to render such contracts to that extent voidable at the election of the payor, but not in and of themselves illegal and void.
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You can find similar books in the "Read Also" column, or choose other free books by Frederic Campbell Woodward to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
Civil Code, 1918.
2 Carter v. Carusi, 1884, 112 U. S. 478; 5 S. Ct. 281, (Dist. Of Cbl. ) ; Matthews v. Paine, 1885, 47 Ark. 54 ; 14 S. W. 463 ; Nichols v. Skeel, 1861, 12 la. 300, (forfeiture goes to school fund) ; Crosby v. Bennett, 1843, 7 Mete. (Mass. ) 17 ; Ransom v. Hayes, 1867, 39 Mo. 445, (forfeiture goes to school fund). In Nichols v. Skeel, supra, it was also declared that the parties were in pari delicto. Upon that point see the following section.
3 Gross . Coffey, 1896, 111 Ala. 468... ; 20 So. 428 ; Hadden . Innes, I860, 24 111. 382 ; Gist v. Smith, 1880, 78 Ky. 367 ; Woolfolk . Bird, 1876, 22 Minn. 341 ; Blain . Willson, 1891, 32 Neb. 302 ; 49 N. W. 224 ; Merchants Bank v. Lutterloh, 1879, 81 N. C. 142 ; Beach v. Guaranty Sav. Assn. , 1904, 44 Or. 530; 76. Pac. 16. In Gross v. Coffey, supra, MCCLELLAN, J. Said (p. 475) : "At common law such recovery was allowed, and in many of the states the action is sustained. The ruling, however, at common law and in those states, except when their statutes expressly or impliedly authorize this action, goes upon the theory that a contract to pay usury is illegal and void, and not voidable merely ; and the main difference between the statutes in the states referred to and our own lies in the fact that they either in terms declare, or have been construed and held to declare, such con- tracts absolutely void, while the statutes of Alabama do not so declare, but only provide that a usurious contract cannot, when the objection is properly taken to it, be enforced in respect to the usury or interest, but may be as to the principal, and have uniformly been held to render such contracts to that extent voidable at the election of the payor, but not in and of themselves illegal and void.
What to read after The Law of Quasi Contracts?
You can find similar books in the "Read Also" column, or choose other free books by Frederic Campbell Woodward to read onlineMoreLess
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