Rutherford v. Boyer
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Dauphin county: Of May Term 1877, No. 9. Case stated, which substantially was as follows: “On the 27th of November 1871 Rudolph E. Kelker had two judgments entered against Theodore E. Boyer, together amounting to the sum of $3754.45. Dr. W. W. Rutherford purchased them from Kelker; there was nothing usurious in said judgments as originally given, nor in the purchase of them by Rutherford.
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Error to the Court of Common Pleas of Dauphin county: Of May Term 1877, No. 9. Case stated, which substantially was as follows: “On the 27th of November 1871 Rudolph E. Kelker had two judgments entered against Theodore E. Boyer, together amounting to the sum of $3754.45. Dr. W. W. Rutherford purchased them from Kelker; there was nothing usurious in said judgments as originally given, nor in the purchase of them by Rutherford. “ The moneys on said judgments and mortgage had been due for several years, and whilst Rutherford was the owner of them, to wit, on the 14th of December 1872, and when…
1Opinion of the CourtJustice Sharswood
The learned judge below was undoubtedly right in holding that when there is a payment of usurious interest for the forbearance of a loan or debt, the right to retain and deduct such excess continues until the whole is paid. It is only when the whole amount and illegal interest has been voluntarily paid, that no suit to recover it back will lie after six months; and we agree also • that in this case there was not a voluntary payment within the meaning of tho Act of May 28th 1858, Pamph. L. 622. Nor do we think that the decision of this court in Federal Insurance Co. v. Robinson, 1 Norris 357,…
2Cited by6 opinions
- Weiner v. Bank of King of PrussiaDistrict Court, E.D. Pennsylvania · 1973
- Moll v. LaffertySupreme Court of Pennsylvania · 1930
- Colvin v. BlymyerSupreme Court of Pennsylvania · 1888
- Garbarini v. American Snyder B. & L. Ass'nSuperior Court of Pennsylvania · 1934
- Begelfer v. Rhoads, Pennsylvania Court of Common Pleas, Dauphin County1928
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