Warmack v. Boyd

Decided April 15, 1886

Mississippi Supreme Court · decided 1886-04-15

Appeal and Cross-Appeal from the Chancery Court of Yazoo County. Hon. E. C. Peyton, Chancellor. On the 22d of January, 18.72, Bichard Boyd loaned J. B. Tucker two thousand dollars, and th» latter executed his note therefor in favor of the former for two thousand three hundred and fifty dollars, payable twelve months after date, the interest being included in the face of the note.

Cited in Anderson (1889)’s definition of “Premeditate”

Good law ✅— No negative treatment on recordhow we know

Decided 1886-04-15

How this case has been cited

Cited by 3 later decisions — most recently January 1995

3 state decisions

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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Campbell, J.,

¶1delivered the opinion of the court.

¶2The court properly refused to set aside the sale.

¶3Interest at ten per cent, should be calculated on two thousand dollars from the 22d of January, 1872, to the date of the payment, 15th of February, 1873, and ten per cent, on balance to 10th of February, 1874, and after that at twenty per cent, to the daté of the note given in 1878, and on the amount of the new note given in 1878 to the date of payment of seven hundred dollars on 18th of December, 1879, at ten per cent., and from that date at ten per cent, to the 6th of April, 1881, when the usurious contract was made whereby the interest-bearing quality of the note was destroyed, and after which it bore no interest. Rozelle v. Dickerson, just decided.

¶4Decree reversed, and decree here in accordance with this opinion, for which purpose the case is referred to the clerk of this court to compute and report amount due.