Hopkins v. West
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Washington county: Of October and November Term 1876, No. 83. Assumpsit by Jonathan West against Hopkins and others, to recover usurious interest paid by him to the defendants.
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Error to the Court of Common Pleas of Washington county: Of October and November Term 1876, No. 83. Assumpsit by Jonathan West against Hopkins and others, to recover usurious interest paid by him to the defendants. The affidavit of claim filed set forth that on April 13th 1871, West borrowed from the defendants $1500, giving them his judgment note of that date for $1644, payable in nine months; that judgment was entered on this note ; that he paid the defendants interest on the sum of $1644, from January 13th 1872 to May 13th 1875, to the amount of $657.60; that on October 6th 1875 he paid…
1Opinion of the CourtJustice Sharswood
Had the judgment confessed by the jdaintiff below in-favor of the defendants been an adversary judgment upon the verdict of a jury, it cannnot be questioned but that it would have been conclusive as between the parties even though it should manifestly appear that it included usurious interest. There is no difference in legal effect between a judgment confessed, or for want of appearance or plea, and a judgment on the verdict of a jury. The court in which the judgment is rendered will indeed open one of the former kind, and let the defendant into a defence in a proper case, and upon equitable…
2Cited by3 opinions
- Koenig v. Currans Restaurant Co.Supreme Court of Pennsylvania · 1932
- Kearney v. First N. BankSupreme Court of Pennsylvania · 1889
- Steere v. OakleySuperior Court of Pennsylvania · 1897