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HIRSCH v. SMITH

262 Wis. 75 (1952)

HIRSCH, Appellant, vs. SMITH, Respondent.

Supreme Court of Wisconsin.

June 3, 1952.

Attorney(s) appearing for the Case

Clarence Simon of Medford, attorney, and James H. Wegener of Madison of counsel, for the appellant.

For the respondent there was a brief by Leicht & Curran of Medford, and oral argument by Clifford L. Curran.

CURRIE, J.

Assuming, but not deciding, that the finding of the trial court, that the original $1,500 advance made by Hirsch to Smith constituted a loan, and not an investment in the partnership, is supported by the great weight and clear preponderance of the evidence, this appeal presents the question of whether an agreement to share in earnings in lieu of interest is usurious when such share of earnings amounts to more than...

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