Rose v. Phillips
Supreme Court of Connecticut
Assumpsit, brought originally before a justice of the peace, and by appeal to the superior court for New London county, on a note of the defendant to the plaintiff, for the sum of $28, with interest, executed in this state and payable here.
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Assumpsit, brought originally before a justice of the peace, and by appeal to the superior court for New London county, on a note of the defendant to the plaintiff, for the sum of $28, with interest, executed in this state and payable here. The defendant pleaded the general issue, which was closed to the court, with notice of the following matters of special defence: — 1. That the note was usurious and the consideration illegal. 2. That before the commencement of the suit, and after the right of action accrued, the defendant tendered to the plaintiff the sum of $15, which the plaintiff…
1Opinion of the CourtCarpenter, J.
The defendant, in 1851, gave his note to Elisha Rose, made and payable in California, for the sum of fifty dollars, on interest, but without expressing the rate per cent. The law of that state permits parties to contract in writing for any rate per cent., and the rate so agreed upon will be enforced by the courts. But in the absence of any such agreement ten per cent, per annum only can be collected.
In this case the parties agreed, whether in writing or not does not appear, that the interest should be thirty-six per cent, per annum. The defendant subsequently removed to this state, and at his…
2Cited by3 opinions
- Hubbard v. CallahanSupreme Court of Connecticut · 1875
- Santoro v. OsmanSupreme Court of Connecticut · 1961
- Tillotson v. TillotsonSupreme Court of Connecticut · 1867