U.S. Court of Appeals for the Sixth Circuit, 1953

Kenneth S. Thomson v. Herberich-Hall-Harter Company

Kenneth S. Thomson v. Herberich-Hall-Harter Company
U.S. Court of Appeals for the Sixth Circuit · Decided February 19, 1953 · Allen, Martin, McAL-LISTER, Per Curiam
202 F.2d 954 (Federal Reporter, Second Series)

Kenneth S. Thomson v. Herberich-Hall-Harter Company

Opinion

PER CURIAM.

This case came on to be heard on the record and briefs and oral argument of counsel;

And it appearing that the findings of fact made by the District Court are supported by the record; that no compensable service was performed by the appellant to justify the so-called “commission” in connection with the mortgage loan involved in the trustee’s petition to sell real estate; and that the loan was usurious within the purview of Sections 8303 and 8306, Ohio General Code; but that the numerous other loans made by appellee to appellant had been paid and cancelled on or before July 31, 1947 and do not constitute a continuing transaction between the parties;

It is ordered that the judgment be and it hereby is affirmed for the reasons stated in the memorandum opinion of the District Court. In re Proteau, 110 F.S.upp. 904.

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