Legal Opinion

Phinney v. Baldwin

Illinois Supreme Court

Decided December 15, 1854PublishedCited by 24 opinions

This cause was heard and decided by O. 0. Skinner, Judge, at June term, 1853, of Hancock Circuit Court.

1Opinion of the CourtTreat, C. J.

Phinney brought an action of assumpsit against Baldwin, and declared upon the following note:

“ Brighton, California, Oct. 3d, 1850.

$200. Thirty days after date, I promise to pay to the order of Harvey Phinney two hundred dollars, for value received, with interest from date at five per cent, per month. E. D. BALDWIN."

The pleas were non-assumpsit and payment. On the trial, the plaintiff introduced the note described in the declaration, and proved that the legal rate of interest in California, in the absence of any agreement of the parties, was ten per cent, per annum; but that it was lawful for…

2Cited by24 opinions

  1. Cromwell v. County of SacSupreme Court of the United States · 1878
  2. Pope v. HankeIllinois Supreme Court · 1894
  3. Union Institution for Savings v. City of BostonMassachusetts Supreme Judicial Court · 1880
  4. Mumford v. CantyIllinois Supreme Court · 1869
  5. Walker v. LovittIllinois Supreme Court · 1911

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