Ewing v. Howard
Supreme Court of the United States
Error to the Circuit Court for the Middle' District of Tennessee. A statute of Tennessee, passed in 1860,‡ and which by its terms was to take effect from the 1st of September of that year, allowed 10 per cent, interest (instead of 6 per cent., a former rate) to be taken for money lent, provided that such agreement were expressed “ on the face of the contract,” whether evidenced by bond, bill, note, or other written instrument.
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Error to the Circuit Court for the Middle' District of Tennessee. A statute of Tennessee, passed in 1860,‡ and which by its terms was to take effect from the 1st of September of that year, allowed 10 per cent, interest (instead of 6 per cent., a former rate) to be taken for money lent, provided that such agreement were expressed “ on the face of the contract,” whether evidenced by bond, bill, note, or other written instrument. The same statute, however, provided, that if any greater amount of interest than 10 per cent, was paid, or agreed to be paid, the whole amount of the interest should be…
1Opinion of the CourtJustice Clifford
Judgment in this case was for the plaintiff in the court below, and the defendants in that court sued out a writ of error and removed' the cause into this court. The action was assumpsit, and the cause of action was the two promissory notes set forth in the bill of exceptions. Plea was the general issue, and the bill of exceptions shows that the plaintiff, to maintain the issue on his part, introduced in evidence the two promissory notes on which the suit was founded. They were introduced without objection, and the bill of exceptions states to the effect that there was no other evidence…
2Cases cited2 opinions
- Blunt's Lessee v. SmithSupreme Court of the United States · 1822
- Marvin v. FesterNew York Supreme Court · 1832
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- McCoy Farms, Inc. v. J & M McKEESupreme Court of Arkansas · 1978
- Clements v. PowellSupreme Court of Georgia · 1923
- Newport News Shipbuilding & Drydock Co. v. United StatesCourt of Appeals for the Fourth Circuit · 1955
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