Campbell v. McHarg
Supreme Court of Iowa
Appeal from Scott District Court. The plaintiff sued McHarg and J. M. D. Burroughs on a joint and several note, for one thousand dollars, dated 7th July, 1857, and due on the 1st day of September, with interest at ten per cent, if not paid when due. Burroughs did not answer, but McHarg filed an answer, pleading usury. The verdict and judgment were for the plaintiff, and defendants appeal.
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Appeal from Scott District Court. The plaintiff sued McHarg and J. M. D. Burroughs on a joint and several note, for one thousand dollars, dated 7th July, 1857, and due on the 1st day of September, with interest at ten per cent, if not paid when due. Burroughs did not answer, but McHarg filed an answer, pleading usury. The verdict and judgment were for the plaintiff, and defendants appeal. Mc-Harg, relied upon chapter 37 Laws 1852-3 ; Bacon v. Lee $ Gray, 4 Iowa 490; 2 Kent 467; 3 Edwards Ch. R. 442; 4 Leon. 43; 3 lb. 205; 1 Mad. 69; 6 Wend. 415; 9 Oowen 647; 21 Wend. 103; 1 Green R.167. cited…
1Opinion of the CourtWoodwabjd, J.
The note on which the suit is brought was made by McHarg and Burrows, payable to the order of Stephen Thompson, and was by him indorsed to the plaintiff. On the trial the defendant offered to show that the note embraced usurious interest, computed upon tiro former notes for which this was given and substituted. He further offered to go.back and show the original transaction, and to trace it down to this note, showing usury in its several stages; namely, that the original consideration was $420, on the 9th April 1856, for a note purchased of Thompson and money loaned, and that it was agreed…
2Cases cited2 opinions
- Bacon v. LeeSupreme Court of Iowa · 1857
- Morrison v. StonerSupreme Court of Iowa · 1859
3Cited by10 opinions
- City National Bank of Columbus v. JordanSupreme Court of Iowa · 1908
- Gladwin State Bank v. DowMichigan Supreme Court · 1920
- Perry Savings Bank v. FitzgeraldSupreme Court of Iowa · 1914
- Edworthy v. Iowa Savings & Loan Ass'nSupreme Court of Iowa · 1901
- Campbell v. SloanSupreme Court of Pennsylvania · 1870
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