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WILLIAMS v. ALPHONSE MORTGAGE CO.

No. 251.

144 So.2d 600 (1962)

Helen Palmer WILLIAMS v. ALPHONSE MORTGAGE CO. et al.

Court of Appeal of Louisiana, Fourth Circuit.

September 4, 1962.

Attorney(s) appearing for the Case

Comiskey & Schaff, James A. Comiskey, New Orleans, for plaintiff-appellant.

Gertler, Hart & Duran, Joseph W. Nelkin, David E. Hogan, New Orleans, for Alphonse Mortgage Co., composed of A. Lester Sarpy, Mrs. Thelma Hirschwitz Sarpy, and Mrs. Sarah Drury Hirschwitz, defendants-appellees.

Before AYRES, DAWKINS, and ALLEN, JJ.

AYRES, Judge.

This is an action to recover all interest paid on debt contracted in the form of a promissory note on a basis that the interest was usurious. The claim is predicated upon LSA-R.S. 9:3501 and LSA-C.C. Art. 2924.

The statutory provision reads as follows:

"Any contract for the payment of interest in excess of that authorized by law shall result in the forfeiture of the entire interest so contracted."

The article of the code fixes...

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