Eastwood v. Kennedy
Court of Appeals of Maryland
Appeal from the Circuit Court for Prince George’s County. The appellee Kennedy sued out an attachment against the appellant, Marvin Eastwood, as a non-resident debtor.
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Appeal from the Circuit Court for Prince George’s County. The appellee Kennedy sued out an attachment against the appellant, Marvin Eastwood, as a non-resident debtor. The latter on the 12th of October, 1874, pleaded by way of set-off that the plaintiff was indebted to him for money paid the plaintiff on account of usurious interest, and in connection with his plea filed the following account in bar: Charles Kennedy, To Marvin Eastwood. 1871. May 81st. To this sum paid as usurious interest, $60 00 June 2nd. “ - “ “ “ 20 00 1872. Jan. 20. 40 00 Eeb. 24. 40 00 March 18. 40 00 28 00 60 00 April…
1Opinion of the CourtStewart, J.
To the plaintiff’s demand, the defendant filed a claim in bar, for usurious interest alleged to have been paid by him; and the ground of dispute has turned upon the availability of this defence.
The plaintiff insists that by the provisions of the Act of Congress of 1870, ch. 59, regulating the rate of interest in the District of Columbia, and prescribing the right of recovering back the whole interest, where usurious interest has been paid; if a suit therefor, is brought within the designated period, the claim of the defendant is barred by the statutory limitation.
The defendant, on the…
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