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Silver V. George

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eBook details

  • Title: Silver V. George
  • Author : Hawaii Supreme Court
  • Release Date : January 13, 1982
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 53 KB

Description

We granted certiorari because of an inconsistency between the Intermediate Court of Appeals' application of the usury statute*fn1 in this case and our reading of the statute in Dang v. F and S Land Development Corp., 62 Haw. 583, 618 P.2d 276 (1980). Although the intermediate appellate court correctly set aside the circuit court's award of summary judgments to defendants-appellees, it nonetheless erred in other respects. For a review of the underlying transaction indicates the loan was not necessarily usurious, even though the promissory note evidencing the loan called for the payment of interest at an ostensibly usurious rate. We therefore affirm the reversal of the award of summary judgments to defendants-appellees, but remand the case to the circuit court for further proceedings consistent with this opinion, rather than that of the intermediate appellate court.


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