Federal Insurance v. Robinson
Supreme Court of Pennsylvania
Error to the Court of Common Pleas, No. 1, of Allegheny county: Of October and November Term 1876, No. 145. This was case, brought by Eccles Robinson against the Federal Insurance Company, to recover usurious interest alleged to have been retained by the defendant company out of a loan made to plaintiff.
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Error to the Court of Common Pleas, No. 1, of Allegheny county: Of October and November Term 1876, No. 145. This was case, brought by Eccles Robinson against the Federal Insurance Company, to recover usurious interest alleged to have been retained by the defendant company out of a loan made to plaintiff. The facts appeared to be these: On July 28th 1873, Robinson gave his judgment bond to S. C. Schoyer to secure the payment of $4500, furnished by the Federal Insurance Company, of which sum plaintiff was to have the use for two years, at the rate of ten per cent, per annum. When the loan was…
1Opinion of the CourtJustice Shakswood
While it is well settled, as a general principle, that money voluntarily paid upon a claim of right cannot be recovered back, an exception has been recognised in the case of usury so paid. The reason of this exception is stated to be that it is money obtained by oppression and by taking advantage of the distresses of others, in *359violation of a law made for their protection. It is not therefore a voluntary payment; for the parties are not in pari delicto : Thomas v. Shoemaker, 6 W. & S. 183. The Act of Assembly of May 22d 1858, Pamph. L. 622, has not changed this rule, but has put a new period…
2Cases cited3 opinions
- Thomas v. ShoemakerSupreme Court of Pennsylvania · 1843
- Rapalje v. EmorySupreme Court of the United States · 1790
- Herring v. AdamsSupreme Court of Pennsylvania · 1843
3Cited by7 opinions
- Lance v. MannSupreme Court of Pennsylvania · 1948
- Ogle v. BakerSupreme Court of Pennsylvania · 1891
- Commonwealth ex rel. Delahanty v. KeanSuperior Court of Pennsylvania · 1900
- Sanctis v. Checco, Pennsylvania Court of Common Pleas, Alleghany County1960
- Tice v. Nationwide Life InsuranceSuperior Court of Pennsylvania · 1981
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