BEEHIVE SECURITY THRIFT & LOAN v. HYDE

No. 10232.

17 Utah 2d 130 (1965)

405 P.2d 417

BEEHIVE SECURITY THRIFT & LOAN, A UTAH CORPORATION, PLAINTIFF AND APPELLANT, v. JOHN T. HYDE AND MARY C. HYDE, HIS WIFE, KERMIT R. ESKELSON, LARSON PAINTING COMPANY, AND UNITED STATES OF AMERICA, DEFENDANTS AND RESPONDENTS.

Supreme Court of Utah.

September 8, 1965.


Attorney(s) appearing for the Case

William G. Fowler, Salt Lake City, for appellant.

J. Reed Tuft, John G. Marshall, Salt Lake City, for respondents.


CALLISTER, Justice.

Plaintiff, a licensed industrial loan corporation, brought this action for the unpaid balance due upon a promissory note and for foreclosure of a real estate mortgage given as security therefor. Defendants counterclaimed, asserting the loan to be usurious. The lower court found the note to be in default and the mortgage subject to foreclosure. It also found the loan to be a usurious transaction and that the defendants were entitled to a set-off...

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