Supreme Court of Florida
Mrs. Jesse Sewell Jones v. Warren Hammock, and Gulf Refining Company.
November 4, 1937131 Fla. 321
Summary
The Supreme Court of Florida reversed the lower court's decree cancelling the mortgage, holding that the plaintiffs failed to prove that the lender willfully violated the usury statutes; consequently the bill of complaint was dismissed. The Court also addressed issues of intent, burden of proof, the effect of renewal and extension on usury, and the statute of limitations. Justice Buford, dissenting, argued that the lenders acted willfully and the decree should be affirmed.