Koons v. Miller
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Berks county. . Isaac Koons & Co. against Adam Miller. This was an action founded upon a book account, and the only question was, whether the plaintiff was entitled to recover interest. The court below thus stated the case and charged the jury:— Banks, President. “ The plaintiffs were merchants doing business in Philadelphia, at the times the defendant contracted with them the debt now claimed.
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ERROR to the Common Pleas of Berks county. . Isaac Koons & Co. against Adam Miller. This was an action founded upon a book account, and the only question was, whether the plaintiff was entitled to recover interest. The court below thus stated the case and charged the jury:— Banks, President. “ The plaintiffs were merchants doing business in Philadelphia, at the times the defendant contracted with them the debt now claimed. The only question now made is as to the interest on the account. The account commenced in January 1830, and terminated on the 1st of January 1841. The account was a current…
1Per curiam
The practice of the merchants of Philadelphia to charge interest on their accounts after six months, has endured for more than half a century; and it is so universal that their customers deal with them avowedly on the basis of it, so that it necessarily enters into the contract as a part of it. It is so notorious as to be recognised abroad; as may be seen in Bispham v. Pollock, (1 M’Clean’s Rep. 411), in which the Circuit Court of the United States for the district of Indiana, left its existence, as the existence of every foreign law must be left, to the jury. Its existence is so notorious at…
2Cited by3 opinions
- Auzerais v. NagleeCalifornia Supreme Court · 1887
- Commonwealth v. Easton BankSupreme Court of Pennsylvania · 1849
- Adams v. PalmerSupreme Court of Pennsylvania · 1858