McCrea v. Martien
Ohio Supreme Court
Error, to the District Court of Ashland county. The original action was brought in the Court of Common Pleas of Ashland county, by the plaintiff, to recover of the defendant the amount due on two notes, and to foreclose a mortgage given to secure the payment of the notes. The notes were alike, except that one was payable a year later than the other.
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Error, to the District Court of Ashland county. The original action was brought in the Court of Common Pleas of Ashland county, by the plaintiff, to recover of the defendant the amount due on two notes, and to foreclose a mortgage given to secure the payment of the notes. The notes were alike, except that one was payable a year later than the other. The following is a copy of the note first payable: “ April 6,1860. “ On or before the first day of April, 1862, I promise to pay to James McCrea, or order, the sum of five hundred dollars, for value received; and whereas trouble and dispute have…
1Opinion of the Court
Day, Chief Judge.
The question to be determined is, whether the court erred in holding that the plaintiff was not entitled to recover interest on the notes until after the incumbrance contemplated therein was removed.
The statute then in force declared, “that all creditors shall be entitled to receive interest on all money, after the same shall become due, either on bond, bill, prommissory note, or other instrument of writing, or contract for money or property.” S. & C. 742.
Was the money secured by the notes or contracts in question due, within the meaning of thé statute, before the incumbrance…
2Cases cited5 opinions
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- People v. GasherieNew York Supreme Court · 1812
- Hite v. LongSupreme Court of Virginia · 1828
- Boyce v. Pritchett's HeirsCourt of Appeals of Kentucky · 1838
- Breckenridge v. HokeCourt of Appeals of Kentucky · 1815