Legal Opinion

Pattison v. Jenkins

Indiana Supreme Court

Decided July 1, 1870PublishedCited by 6 opinions

APPEAL from the Marion Common Pleas. The appellee sued the appellants on a promissory note executed by them to one Igo§, March 1st, 1867, for six hundred and thirty-five dollars, payable on the 1st of October, 1867, with interest at ten per cent, per annum, and assigned to the appellee.

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APPEAL from the Marion Common Pleas. The appellee sued the appellants on a promissory note executed by them to one Igo§, March 1st, 1867, for six hundred and thirty-five dollars, payable on the 1st of October, 1867, with interest at ten per cent, per annum, and assigned to the appellee. The appellants answered in three paragraphs, first, admitting the execution and assignment of the note, but alleging, that it was given to the payee in part consideration for the purchase by the appellants of said Igoe of one-half interest in certain personal property described, and for no other consideration;…

1Opinion of the CourtElliott, J.

The questions made- in the case for the consideration of this-court are all based on the refusal of the court to grant a new trial.

One of the-reasons urged for a new trial is,that the verdict’is excessive. The note sued on was for the sum of six hundred’ and thirty-five dollars, with interest at the rate of ten-per cent. The verdict of. the jury included interest at the rate specified in- the note, and it is claimed by the appellants that as the note was given before the act of 1867, authorizing contracts in writing for interest at the rate of ten per cent, per annum, was enacted, the…

2Cases cited2 opinions

  1. Sparks v. ClapperIndiana Supreme Court · 1868
  2. Klingensmith v. ReedIndiana Supreme Court · 1869

3Cited by6 opinions

  1. Worley v. MooreIndiana Supreme Court · 1881
  2. Bowen v. PhillipsIndiana Supreme Court · 1876
  3. Craig v. HamiltonIndiana Supreme Court · 1889
  4. Highfill v. McMickleIndiana Supreme Court · 1872
  5. Sager v. SchnewindIndiana Supreme Court · 1882

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