MERIT FINANCE COMPANY v. VOORHIES

No. 3198.

241 So.2d 90 (1970)

MERIT FINANCE COMPANY, Plaintiff-Appellee, v. Albert VOORHIES, Defendant-Appellant.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied December 3, 1970.

Writ Refused February 17, 1971.


Attorney(s) appearing for the Case

Edward B. Cloutman, III, Alexandria, for defendant-appellant.

Gold, Hall & Skye by James D. Davis, Alexandria, for plaintiff-appellee.

Before FRUGE, SAVOY and HOOD, JJ.


SAVOY, Judge.

The narrow issue presented for our determination on this appeal is whether or not the refinancing of discounted loans prior to maturity constitute voluntary prepayments so as to not allow the debtor credit for the unearned capitalized interest or whether the refinancing of the discounted loans prior to maturity constitutes usury in not allowing the debtor credit for the unearned capitalized interest.

Plaintiff, holder in due course of a promissory...

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