Hover v. Cockins
Supreme Court of Kansas
Error from Douglas District Court. Action by ECover, to recover $171.30, which sum he claimed Cochins had forfeited to plaintiff by reason of having taken and received unlawful interest on a promissory note. All the facts are stated in the opinion. The district court, at the August Term 1873, gave judgment for defendant, and plaintiff appeals, and brings the case here on error. cited 9 Johns. 233, 244; 17 Mass. 394; 1 Pick. 435; 3 Conn. 456; 1 N. H. 33; 2N.H. 61.
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:
The plaintiff commenced this action in a justice’s court by filing the following bill of particulars:
{Title, and Court.) “The plaintiff complains of the defendant, that the said defendant did upon the 10th of March 1870, at the city of Lawrence, Kansas, lend to the said plaintiff the sum of twelve hundred and thirty-three and 70-100 dollars, for which the said defendant drew and caused to be signed by the said plaintiff a note'of thirteen hundred dollars, payable to him the said defendant eight months after date, with interest at twelve…
Also in this document: Concurrence.
2Cases cited6 opinions
- Jenness v. CutlerSupreme Court of Kansas · 1874
- Ayres v. ProbascoSupreme Court of Kansas · 1875
- Day v. CummingsSupreme Court of Vermont · 1847
- Perkins v. ConantIllinois Supreme Court · 1862
- Jones v. KirkseySupreme Court of Alabama · 1846
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3Cited by1 opinion
- Hadley v. Central Branch Union Pacific RailroadSupreme Court of Kansas · 1879