Jones v. Walker
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Bock County. Appeal by tbe defendant, Walker, from an order permitting him, on certain conditions, to amend bis answer so as to set up usury as a defense in an action on a note dated January 15, 1857. Tbe amended answer also alleges tbe actual payment of certain sums for usurious interest, not credited on tbe note, nor acknowledged in tbe complaint, and demands that the amount thereof shall be allowed, and judgment be rendered against said…
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APPEAL from tbe Circuit Court for Bock County. Appeal by tbe defendant, Walker, from an order permitting him, on certain conditions, to amend bis answer so as to set up usury as a defense in an action on a note dated January 15, 1857. Tbe amended answer also alleges tbe actual payment of certain sums for usurious interest, not credited on tbe note, nor acknowledged in tbe complaint, and demands that the amount thereof shall be allowed, and judgment be rendered against said defendant. Tbe conditions imposed, and other facts, are stated in tbe opinion. contended that both by chap. 55, Laws of…
1Opinion of the CourtPaine, J.
This was an action on a note signed by Love, Otis & Co., and by the defendant. The latter served an answer, setting up that he was an accommodation maker, having signed as surety merely for Love, Otis & Co., and that he had been discharged by an extension of the time to the principal debtors. While the action was thus pending, he applied for leave to amend his answer so as to set up the defense of usury. The court granted leave, but upon the .terms that the defendant should pay into the court the unpaid principal of the note, with interest at seven per cent. The defendant appealed from the…
2Cases cited4 opinions
- Harrington v. SladeNew York Supreme Court · 1856
- Dole v. NorthropWisconsin Supreme Court · 1865
- St. John v. CroelNew York Supreme Court · 1854
- Bates v. VoorhiesNew York Supreme Court · 1852
3Cited by8 opinions
- Randall v. Burk TownshipSouth Dakota Supreme Court · 1893
- McCarville v. BoyleWisconsin Supreme Court · 1895
- Morgan v. BishopWisconsin Supreme Court · 1884
- Smith v. DragertWisconsin Supreme Court · 1884
- McElroy v. Minnesota Percheron Horse Co.Wisconsin Supreme Court · 1901
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