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BISHOP v. CAPITAL FINANCIAL SERVICES

No. 15446.

712 P.2d 567 (1985)

109 Idaho 866

Robert M. BISHOP, Sr., Plaintiff-Appellant, v. CAPITAL FINANCIAL SERVICES, a corporation, and West Beneficial Finance, Inc., Defendants-Respondents.

Supreme Court of Idaho.

December 10, 1985.

Attorney(s) appearing for the Case

Robert M. Kerr, Jr., Blackfoot, and Joel Berrett, Twin Falls, for plaintiff-appellant.

Richard T. St. Clair, Idaho Falls, for defendants-respondents.

HUNTLEY, Justice.

On a Note executed November 28, 1979, Bishop borrowed over $40,000 from Capital at an annual rate recited on the Note's face as 18% payable in 120 monthly installments of $810.83 (except for the first installment of $828.33 due January 1, 1980) totaling $97,367.10. The Note provided the loan would be a supervised consumer loan subject to the provisions of the Uniform Consumer Credit Code of Idaho. A second Deed of Trust executed November 28, 1979...

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