Frey v. Northwestern Mutual Life Insurance

Lencher, J.,

— In this action in assumpsit, plaintiff sued to recover $70.78 as excessive payments of compound interest which he declares he should not have paid on a loan advanced him by the defendant insurance company. Defendant filed an answer containing new matter, claiming that the payment was voluntarily made, directly in accordance with the terms of a written loan agreement, that plaintiff was barred because of the existence of an account *265stated, and, further, barred by that portion of the provisions of the statute of limitations specifically referred to hereinafter. Plaintiff replied…