Lee v. Keys
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Washington county: Of October and November Term 1878, No. 150. Joseph Keys sued out a writ of foreign attachment in assumpsit against J. G. C. Lee, summoning John W. Seaman as garnishee, and filed a declaration, setting forth, in the first count, a promissory note, and followed by the common counts for money had and received, &c.
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Error to the Court of Common Pleas of Washington county: Of October and November Term 1878, No. 150. Joseph Keys sued out a writ of foreign attachment in assumpsit against J. G. C. Lee, summoning John W. Seaman as garnishee, and filed a declaration, setting forth, in the first count, a promissory note, and followed by the common counts for money had and received, &c. The defendant pleaded non assumpsit, and after-wards confessed judgment in favor of the plaintiff for $101.05, as of date September 21st 1876, which was entered accordingly. By agreement filed, the cause was referred to D. F.…
1Opinion of the CourtJustice Paxson
It is not denied that the plaintiff in error after the maturity of the mortgage, received more than six per cent, interest. His confession of judgment in the court below for the sum of $101.05, is an admission of this fact. But it was contended that as to the sum of $630, the difference between the face of the mortgage and the amount the mortgagor received therefor, the taint of usury does not attach for the reason that the plaintiff’ purchased said mortgage in the market of a broker, and upon the faith of a certificate signed by the mortgagor that he had no set-off or defence to the…
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