Cortner v. Bennett’s Empirical Analysis

Citation profile

4 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(1) The legal rate of interest on all notes, accounts and contracts shall be eight percent (8%) per annum, calculated according to the actuarial method, but contracts may be made, in writing, for payment of a finance charge as otherwise provided by this section or as otherwise authorized by law. (2) Any borrower or debtor may contract for and agree to pay a finance charge for any loan or other extension of credit made directly or indirectly to a borrower or debtor which will result in a yield not to exceed the greater of ten percent (10%) per annum or five percent (5%) per annum above the discount rate, excluding any surcharge thereon, on ninety-day commercial paper in effect at the Federal Reserve bank in the Federal Reserve district where the lender is located, each calculated according to the actuarial method. The rate of finance charge authorized under this section (2) shall be known as the "contract rate." ..... (5) Notwithstanding the foregoing and any other provision of law to the contrary, any borrower or debtor may contract for and agree to pay and any lender or extender of credit may contract for and receive any finance charge agreed to in writing by the parties, notwithstanding that such charge is in excess of that otherwise allowed on any contract, credit sale, obligation or other extension of credit, regardless of the security taken or the purpose of the extension of credit, under which the principal balance to be repaid shall originally exceed: (a) One Hundred T”

   1 later decision quote this exact passage
   e.g. 589 So. 2d 660 - Watkins v. Mississippi Bar

2. “tolerate any devices to defeat its provisions when the consummation of usury is really intended.”

   1 later decision quote this exact passage
   e.g. 589 So. 2d 660 - Watkins v. Mississippi Bar

3. “to commit the act which results in the exaction of a usurious charge.”

   1 later decision quote this exact passage
   e.g. 589 So. 2d 660 - Watkins v. Mississippi Bar