McBroom v. Scottish Mortgage & Land Inv. Co.
153 U.S. 318 (1894)

Annotate this Case

U.S. Supreme Court

McBroom v. Scottish Mortgage & Land Inv. Co., 153 U.S. 318 (1894)

McBroom v. Scottish Mortgage and Land Investment Company

No. 1028

Submitted January 5, 1894

Decided March 5, 1894

153 U.S. 318

Syllabus

The statutes of New Mexico, Compiled Laws 1884, §§ 1736-1738, do not permit the receiving of usurious interest by way of, or under the guise of discount, commission, agency, or other subterfuge.

Those statutes make void a contract of loan providing for usurious interest only as to the interest in excess of what the statute allows.

Page 153 U. S. 319

The limitation of three years, under the statutes of New Mexico, within which the borrower may sue for double the amount of usurious interest collected and received from him does not commence to run, and consequently the right of action therefor does not accrue, until the lender has collected or received more than the original debt with interest.

The case is stated in the opinion.

Page 153 U. S. 320

Official Supreme Court caselaw is only found in the print version of the United States Reports. Justia caselaw is provided for general informational purposes only, and may not reflect current legal developments, verdicts or settlements. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or information linked to from this site. Please check official sources.