(Download) "Milana V. Credit Discount Co." by Supreme Court Of California # Book PDF Kindle ePub Free
eBook details
- Title: Milana V. Credit Discount Co.
- Author : Supreme Court Of California
- Release Date : January 04, 1945
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
The plaintiff appealed from a judgment of nonsuit in an action to establish that certain purported purchases by the defendants of accounts receivable were usurious loans, and to recover treble the amount of interest paid within one year prior to the commencement of the action. (Stats. 1919, p. lxxxiii, Const., art. XX, § 22.) Assuming the transactions to be loans the court appointed a referee to report on the amount of interest that had been paid. Upon the filing of the referee's report the trial continued. At the close of the plaintiff's case a motion for a nonsuit was granted on the ground that the plaintiff's evidence was not sufficient to entitle her to relief. The question is whether the court correctly ruled that there was no substantial evidence to support a finding for the plaintiff on the issue of usury if such a finding had been made. The parties do not dispute the referee's finding of the amount of interest paid, if the nature of the transactions be determined to be that of a loan. The question on appeal will therefore be treated as presenting only the issue of whether there was sufficient evidence to support a finding that the transactions were loans and not sales.
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