71 Miss. 630 | Miss. | 1893
delivered the opinion of the court.
As matter of fact, the appellee paid less than ten per cent, per annum interest on the amount of money actually advanced or loaned to him. Ilis' contract, most unfavorably construed for appellant, required the payment of lawful •interest on the amount of his bid; - the record shows that he finally paid less than lawful interest on the sum really received by him. It is difficult to conjecture where any claim of usury can be tenably planted.
But, independently of this, the appellee, on repaying his loan and withdrawing from the association, voluntarily made
A-peremptory instruction for defendant should have been given.
Re-versed and remanded.