Barnes v. Whitaker
Illinois Supreme Court
Defendant in error filed his declaration in assumpsit, against plaintiffs in error, containing- a special count upon a promissory note, made at Davenport, Iowa, by plaintiffs in error and one Bailey to defendant in error, dated March 11th, A. D. 1857, for $2,165, payable one hundred and seventeen days after date, at Davenport, Iowa, with a penalty of two per cent, per month after due, if not paid; and also the common counts.
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Defendant in error filed his declaration in assumpsit, against plaintiffs in error, containing- a special count upon a promissory note, made at Davenport, Iowa, by plaintiffs in error and one Bailey to defendant in error, dated March 11th, A. D. 1857, for $2,165, payable one hundred and seventeen days after date, at Davenport, Iowa, with a penalty of two per cent, per month after due, if not paid; and also the common counts. The plaintiffs in error plead to the declaration, 1. The general issue. 2. As to the $165, and as to the penalty in note mentioned: that the note mentioned in the…
1Opinion of the CourtCaton, C. J.
The second plea, is in bar of the per centage agreed to be paid, after the money became due, in case it was not promptly paid, as well as the usurious interest included in the note itself, and seems to be disposed of by the case of Lawrence v. Cowles, 13 Ill. R. 577, which case is supported by the uniform current of decisions, and must be adhered to, although were it a new question, we might hesitate before arriving at the same conclusion. The demurrer to that plea was properly sustained.
The third plea, is in bar of only one hundred and sixty-five dollars, which it avers, was included in the…
2Cited by6 opinions
- Arnold v. PotterSupreme Court of Iowa · 1867
- Blaine v. CurtisSupreme Court of Vermont · 1886
- Gardner v. RumseySupreme Court of Oklahoma · 1921
- Kendrick v. KyleMississippi Supreme Court · 1900
- McCans v. Brandtjen & Kluge, Inc.Court of Appeals of Texas · 1944
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