PAULAT v. PIRELLO

No. 60003.

353 So.2d 1307 (1977)

George M. PAULAT, Plaintiff-Appellee-Respondent, v. Jasper PIRELLO, Defendant-Appellant-Applicant.

Supreme Court of Louisiana.

Rehearings Denied January 27, 1978.


Attorney(s) appearing for the Case

Leon Gary, Jr., Gary & Field, Baton Rouge, for defendant-applicant.

Clifton O. Bingham, Jr., Jimmie R. Major, Baton Rouge, for plaintiff-respondent.


TATE, Justice.

La.R.S. 9:3501 provides for forfeiture "of interest in excess of that authorized by law" collected by virtue of a contract so providing. The issue before us is whether a lender may avoid forfeiture of payments made and received as usurious interest, by re-characterizing them as payments on principal, after the borrower disputes their usurious character.

We hold that the lender may not avoid forfeiture of usurious interest under such circumstances...

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