228 Mo. 673 | Mo. | 1910
Plaintiff sued on two promissory notes and recovered judgment for $487.60, the aggregate amount found to be due on both notes. Appeal was taken to the St. Louis Court of Appeals where the judgment was reversed' and the cause remanded with directions to render judgment for the plain tiff for $410.07 with interest at eight per cent from the date of the original judgment. The defense in the case was usury. The trial judge found as a fact that the agent of the plaintiff who made the loan for her had demanded of the borrower and received from him fifty dollars as commissions on one of the two loans and thirty dollars on the other, but took each note for the full amount of the loan, bearing interest at eight per cent per annum. These sums were deducted
In the case before us the judge at whose instance this cause was certified here does not deem the opinion, in which he feels constrained to concur, in conflict with the case cited as the last previous ruling of this court. On the contrary he says: “it seems to he in point and it is a controlling authority, ” yet he asks that the cause he sent here because in his opinion the decision of this court is wrong-.' Under the circumstances there was no authority in law for the transference of this cause to this court. The cause is therefore returned to the St. Louis Court of Appeals.