Exchange & Deposit Bank v. Fugate
Exchange & Deposit Bank v. Fugate
Opinion of the Court
delivered the opinion of the court.
E. S. Fugate and others filed their bill in the Circuit Court of the county of Washington on the 6th day of July, 1894, setting forth that the Exchange and Deposit Bank of Abingdon had recovered a judgment by default against them
For the reasons stated in writing and filed with the record in the case of Munford, Trustee, v. McVeigh’s Adm’r., 92 Va. 446, we are of opinion that there is error in the decree complained of, and this court, proceeding now to enter such decree as the Circuit Court ought to have entered, doth order that its decree be reversed and annulled, and that the appellants recover of the appellees the sum of $4,455.82, with interest thereon from the 12th day of October, 1894, and their costs in this court. King v. Buck, 30 Gratt. 828.
Reversed.
Reference
- Full Case Name
- Exchange & Deposit Bank & Others v. Fugate & Others
- Cited By
- 3 cases
- Status
- Published
- Syllabus
- 1. Usury—Sums Appropriated to Interest by Borrower and Lender—Recovery Bach—Limitations.—Where the borrower and the lender have agreed to appropriate, and have actually applied payments made by the borrower, to the extinguishment of the interest as it accrued on the sum loaned, the borrower cannot, after the lapse of nearly six years, recover back the amounts so paid, even though the interest be in excess of the rate allowed by law. But where usurious interest is included in the original note, it should be expunged and a decree rendered for the residue, with interest thereon from the date of the decree.