Sims v. Squires

Best, C.

— On the 19th day of May, 4880, the appellee brought this action against the appellant to recover the balance due upon a promissory note made by him on the 9 th day of January, 1866, for $700, with interest at ten per cent., and recovered a judgment for $184.50.

The appellant appeals and insists that the court erred' in overruling his motion for a new trial. The facts are undisputed. From the 15th day of February, 1869, interest at the rate of ten per cent, was voluntarily paid upon the note and the only question in the record is whether the appellant is entitled to recoup the excess…