O'Connor v. Clopton
Mississippi Supreme Court
O'Connor v. Clopton, 60 Miss. 349 (Miss. 1882)
Campbell
O'Connor v. Clopton
Opinion of the Court
delivered the opinion of the court.
One who pays usurious interest may recover it by an action at law.
- An agent who receives money for his principal, and is notified before he pays it over that he will be held accountable for it to the party paying, cannot shield himself from liability by claiming that the suit should;be against his principal.
There is no error in the instructions, and the judgment is affirmed.
Reference
- Full Case Name
- John O'Connor v. Sarah E. Clopton and Husband
- Cited By
- 2 cases
- Status
- Published
- Syllabus
- 1. Usury. Action to recover usurious interest. One ■who has paid usurious interest may recover it by an action at law. 2. Same. Liability of agent receiving usurious interest. Notice. An agent who has received usurious interest for his principal, and been notified that he will be held accountable for it to the party having paid it, eannot escape liability thorefor, on the ground that the suit should be against his principal.