Vereycken v. VandenBrooks

This is an action brought to recover an alleged overpayment of interest upon a real-estate mortgage and note.

April 14, 1879, plaintiff gave his promissory note to Antoinette VandenBrooks for $460, with interest at 10 per cent, per annum, due in three years from its date. The note remained unpaid. On the 2d of August, 1885, VandenBrooks gave the plaintiff a written agreement as follows:

“ I, A. VandenBrooks, agree to let Frank Vereycken have all the money at 8 per cent.

“A. VandenBrooks.”

The note remained unpaid until September 18, 1891, when proceedings were instituted in the circuit court, in *121c…