202 F2d 954 Thomson v. Herberich-Hall-Harter Company

202 F.2d 954

Kenneth S. THOMSON, Appellant,



No. 11665.

United States Court of Appeals Sixth Circuit.

Feb. 19, 1953.

Edward I. Wallach, Hugh Wells and Joseph Dembe, Cleveland, Ohio for appellant.

Herberich, Rowley & Taylor, Akron, Ohio, for appellee.

Before ALLEN, MARTIN and McALLISTER, Circuit Judges.


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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 purivew of Section 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.Supp. 904.