Heath v. Page
Supreme Court of Pennsylvania
Error to the District Court of Allegheny county. This was an action on the case brought by John H. Page against Elijah Heath, to recover the excess of interest over six per cent., paid by him to the defendant, on a loan of $5000. The plaintiff alleged, and gave evidence tending to prove, that, in the winter of 1856, being greatly embarrassed in his pecuniary affairs, having judgments and mortgages against him amounting to some $35,000, and having real estate almost wholly…
Read the full summary
Error to the District Court of Allegheny county. This was an action on the case brought by John H. Page against Elijah Heath, to recover the excess of interest over six per cent., paid by him to the defendant, on a loan of $5000. The plaintiff alleged, and gave evidence tending to prove, that, in the winter of 1856, being greatly embarrassed in his pecuniary affairs, having judgments and mortgages against him amounting to some $35,000, and having real estate almost wholly unproductive, he applied to the defendant for a loan of money; that, on plaintiff agreeing to take one hundred shares of…
1Opinion of the Court
The opinion of the court was delivered, by
Woodward, C. J.
— This -was an action on the case to recover a sum of money alleged to have been paid upon a usurious contract, and in excess of legal interest. The first objection taken to plaintiff’s right of recovery was, that the suit was not brought within six months after the payment of the usury, but there was no plea of the Statute of Limitations upon the record. The 2d section of the Act of 28th May 1858, Purd. 561, contains such a limitation of the right of action, but a defendant who means to avail himself of it should plead it. I suppose it…
2Cases cited2 opinions
- Respublica v. ShafferSupreme Court of the United States · 1788
- Hamilton v. MooreSupreme Court of Pennsylvania · 1842
3Cited by16 opinions
- Mason-Heflin Coal Co. v. CurrieSupreme Court of Pennsylvania · 1921
- Prettyman v. IrwinSupreme Court of Pennsylvania · 1922
- Dash v. Wilap Corp.Supreme Court of Pennsylvania · 1985
- First National Bank v. DavisSupreme Court of Georgia · 1911
- First Nat. Bank of Tishomingo v. LathamSupreme Court of Oklahoma · 1913
11 more not listed; retrieve them via the Exa API.