Edmundson v. Wragg
Supreme Court of Pennsylvania
Error to the Court of Common Pleas No. 2 of Allegheny county : Of October and November Term 1883, No. 166. Case stated, between John F. Edmundson, plaintiff, and George Wragg, Jr., defendant, setting forth, inter alia, that on May 18th 1881, George Wragg, Jr., the assignee of a certain bond and mortgage of $2,500, theretofore executed by said John F. Edmundson, acknowledged payment and satisfaction in full on record of said mortgage debt, together with the interest thereon,…
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Error to the Court of Common Pleas No. 2 of Allegheny county : Of October and November Term 1883, No. 166. Case stated, between John F. Edmundson, plaintiff, and George Wragg, Jr., defendant, setting forth, inter alia, that on May 18th 1881, George Wragg, Jr., the assignee of a certain bond and mortgage of $2,500, theretofore executed by said John F. Edmundson, acknowledged payment and satisfaction in full on record of said mortgage debt, together with the interest thereon, “there having been paid to the said George Wragg, Jr., voluntarily, $529.96, interest in excess of the legal interest as…
1Opinion of the CourtJustice Sterrett
The Act of May 28th 1858, authorizing the recovery of interest voluntarily paid in excess of six per cent., provides that “ no action to recover back any such excess shall be sustained in any court of this Commonwealth unless the same shall have been commenced within six months from and after the time of such payment.” This suit was brought on Monday, November 14th 1881, to recover $529.96, excess of interest, included in payment made on the 13th of May preceding; and the only question presented by the record is whether the suit was commenced within the six months limited by the Act. In…
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