Miners' Trust Company Bank v. Roseberry
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Schuylkill county: Of January Term 1875, No. 22. The question in this case arose on the following facts:— On the 10th of July 1871, the firm of James Wren & Co., composed of James Wren, John T. Noble and Matthew Rhoda, bor- > rowed from the Miners’ Trust Company Bank $12,750, payable in one year, and gave to the bank a bond, with warrant of attorney, &c., to secure the payment of $15,000 in one year.
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Error to the Court of Common Pleas of Schuylkill county: Of January Term 1875, No. 22. The question in this case arose on the following facts:— On the 10th of July 1871, the firm of James Wren & Co., composed of James Wren, John T. Noble and Matthew Rhoda, bor- > rowed from the Miners’ Trust Company Bank $12,750, payable in one year, and gave to the bank a bond, with warrant of attorney, &c., to secure the payment of $15,000 in one year. Judgment was entered on the same day against Wren & Co. on that bond. On the 16th of October the firm was dissolved. On the 25th James Wren was adjudged a…
1Opinion of the CourtJustice Mercur
The Act of 28th May 1858 made a radical change in the consequences flowing from the receipt of more than six per cent, interest per annum. It repealed all former laws imposing a penalty. The first section still makes six per cent, the lawful rate of interest. The second section recognises the actual business wants, habits and customs of the people. It assumes a greater rate may be charged and paid. It therefore declares, that if it shall be reserved or contracted for, the debtor shall not he required to pay the excess. At his option he may retain and deduct it from the amount of his debt, or…
2Cases cited2 opinions
- Dougherty's EstateSupreme Court of Pennsylvania · 1844
- Hauer's AppealSupreme Court of Pennsylvania · 1843
3Cited by7 opinions
- Higbee v. Aetna Bldg. & Loan Ass'nSupreme Court of Oklahoma · 1910
- Old Colony Trust Co. v. Allentown & Bethlehem Rapid Transit Co.Supreme Court of Pennsylvania · 1899
- First State Bank of Pond Creek v. Bank of JeffersonSupreme Court of Oklahoma · 1925
- Fischer v. WoodruffSupreme Court of Pennsylvania · 1916
- Appeal of Bonnell v. SmithSupreme Court of Pennsylvania · 1886
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