Durkee v. City Bank of Kenosha
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Kenosha County. Tbe complaint in tbis action, wbicb was for tbe recovery of treble tbe amount of moneys alleged to have been paid by tbe plaintiffs to tbe defendant as usurious interest, was filed in November, 1858. Tbe defendant demurred to tbe first thirteen counts of tbe complaint, as not stating facts sufficient to constitute a cause of action, in tbis, that tbey did not show tbat tbe usurious interest was paid by tbe plaintiffs witbin…
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APPEAL from tbe Circuit Court for Kenosha County. Tbe complaint in tbis action, wbicb was for tbe recovery of treble tbe amount of moneys alleged to have been paid by tbe plaintiffs to tbe defendant as usurious interest, was filed in November, 1858. Tbe defendant demurred to tbe first thirteen counts of tbe complaint, as not stating facts sufficient to constitute a cause of action, in tbis, that tbey did not show tbat tbe usurious interest was paid by tbe plaintiffs witbin one year next preceding tbe commencement of tbe action. Tbe demurrer was beard and sustained at tbe February term of tbe…
1Opinion of the Court
By the Court,
Dixon, C.J.
TUs a°tiorL is brought under the provisions of tbe act of March 10th, 1851, prescribing anq limiting the rate of interest, to recover treble the amount of various sums of money, alleged to have been paid , z. ° _. by the appellants to the respondent as usury upon divers loans made by the latter to the former, the particulars of which are stated in the complaint. The complaint, which is somewhat voluminous for an action of this kind, contains fourteen counts, each of which embraces the details of several different transactions. It alleges that on the seventh day of…
2Cases cited2 opinions
- Rock River Bank v. SherwoodWisconsin Supreme Court · 1860
- Towslee v. DurkeeWisconsin Supreme Court · 1860
3Cited by5 opinions
- Friedman v. Wisconsin Acceptance Corp.Wisconsin Supreme Court · 1927
- Smith v. Shell Lake Lumber Co.Wisconsin Supreme Court · 1887
- Mueller v. OberSupreme Court of Minnesota · 1927
- Clark v. Whittaker Iron Co.Missouri Court of Appeals · 1881
- Kellogg v. MillerUnited States Circuit Court · 1881