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57 Fla. 519

Purvis v. Frink

Supreme Court of Florida

Decided January 15, 1909

Supreme Court of Florida · decided 1909-01-15

This case was decided by Division A. Appeal from the Circuit Court for Columbia County. The facts in the case are stated in the opinion of the court.

Good law ✅— No negative treatment on recordhow we know

Decided 1909-01-15

How this case has been cited

Cited by 12 later decisions — most recently February 1980

2 federal appellate · 10 state decisions

40190919101920193019401950196019701980decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1Rehearing.

Whitfield, C. J.

¶2In a petition for rehearing it is *522urged that the court has mistaken the purpose and meaning of the peculiar Florida statute upon the subject of usury.

¶3The testimony is that only $682.50 was actually received by the debtor, the creditor having withheld $17.50, as the first quarter’s interest on the loan. “The actual principal sum received,” $682.50, “ together with interest at the rate of ten per centum per annum,” amount to $75°-75> whereas the payment of $700.00 together with three quarters’ interest at $17.50 each (and disregarding the $17.50 which wás withheld by the creditor as the first quarter’s interest and was never actually received by the debtor) would be $752.50; therefore by the agreement and conduct of the parties, “the debtor is required or obligated to pay a greater sum than the actual principal sum received, together with interest at the rate of ten per centum per annum,” in violation of the te'rms of the statute.

¶4A rehearing is denied.

Shackleford and Cockrell, JJ., concur.Taylor, Hocker and JParki-iill, JJ., concur in the opinion. •
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