Edler v. Uchtmann
Appellate Court of Illinois
Appeal from the Superior Court of Cook county; the Hon. Sidney Smith, Judge, presiding. This was an action of assumpsit, brought by John D. Uchtmann, administrator of the estate of Bernhard William Uchtmann, deceased, against Frederick Edler, to recover for certain indebtedness claimed to have been due, and owing from the defendant to the plaintiff’s intestate in his life-time.
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Appeal from the Superior Court of Cook county; the Hon. Sidney Smith, Judge, presiding. This was an action of assumpsit, brought by John D. Uchtmann, administrator of the estate of Bernhard William Uchtmann, deceased, against Frederick Edler, to recover for certain indebtedness claimed to have been due, and owing from the defendant to the plaintiff’s intestate in his life-time. The declaration counts upon two promissory notes, executed by the defendant to said Uchtmann, one for $3,001.22, dated October 5, 1875, and the other for $850, dated July 3, 1876, both payable twelve months after date,…
1Opinion of the CourtBailey, J.
By the second instruction given to the jury at the request of the plaintiff, the court below held that an agreement to pay interest at the rate of ten per cent, per annum upon an open account was legal and valid. This was clearly erroneous. Section 4, chapter 74, of the Revised Statutes of 1874, unlike the statute previously in force, limited the cases where parties might agree upon a rate of interest in excess of six per cent, per annum to written contracts.
But the evidence tends very strongly to show that the indebtedness from the defendant to Uchtmann was put in two notes, one for…
2Cases cited1 opinion
- McMillan v. Bethold, Smith & Co.Illinois Supreme Court · 1864
3Cited by4 opinions
- Brauer v. LaughlinAppellate Court of Illinois · 1918
- Lehman Manufacturing Co. v. JewettIndiana Court of Appeals · 1929
- Friend v. EngelAppellate Court of Illinois · 1891
- Petrue v. WakemAppellate Court of Illinois · 1902