STIFF v. FOGERSON

No. 5736.

269 P.2d 743 (1954)

58 N.M. 193

STIFF v. FOGERSON.

Supreme Court of New Mexico.

April 8, 1954.


Attorney(s) appearing for the Case

Glenn G. Stiff, Roswell, for appellant.

Smith & Smith, Clovis, for appellee.


COMPTON, Justice.

The question presented is whether statutory penalties for usury, in excess of the principal indebtedness plus the highest legal rate of interest, will support a judgment over for the borrower.

The applicable statute, § 53-607, 1941 Comp., provides:

"If a greater rate of interest than is hereinbefore, in section 1 (§ 53-606) allowed, shall be contracted for or received or reserved, the contract shall not therefor be void...

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