Legal Opinion

Executors of Pawling v. Administrators of Pawling

Supreme Court of Pennsylvania

Decided May 15, 1805PublishedCited by 1 opinion

The following case was submitted at a Circuit Court held for Franklin County, to the decision of Yeates and Smith, justices, without argument. Henry Pawling, the defendant’s intestate, on the 12th May 1785, executed a bond to the plaintiffs’ testator in the penalty of 1480I. in gold or silver, conditioned for the payment of 740I., on or before the 12th May 1792, and the lawful interest thereon yearly and every year, from the date thereof.

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The following case was submitted at a Circuit Court held for Franklin County, to the decision of Yeates and Smith, justices, without argument. Henry Pawling, the defendant’s intestate, on the 12th May 1785, executed a bond to the plaintiffs’ testator in the penalty of 1480I. in gold or silver, conditioned for the payment of 740I., on or before the 12th May 1792, and the lawful interest thereon yearly and every year, from the date thereof. He on the same day executed a power of attorney to enter up judgment on the bond. On the nth February r786, the said Henry Pawling, by a sealed memorandum…

1Opinion of the CourtYeates, J.

In Great Britain, by successive acts of parliament, the rate of interest on the loan of monies and other commodities was reduced to ten, and from thence to eight, six and five, in the hundred. The stat. of 12 Ann. st. 2. c. 16, provides, that “after the 29th September 1714, no person shall, upon any contract, take directly or indirectly for the loan of any monies, “wares, merchandize or other commodities whatsoever, above * , “ *the value of 5I. for the forbearance of iool. for a year, 22U “ and so after that rate, for a greater or lesser sum, or for “ a longer or shorter time ; and that all…

2Cases cited3 opinions

  1. County of Beaver v. ArmstrongSupreme Court of Pennsylvania · 1863
  2. Todd v. ThompsonSupreme Court of the United States · 1790
  3. Philadelphia & Reading Railroad v. SmithSupreme Court of Pennsylvania · 1884

3Cited by1 opinion

  1. Bainbridge v. WilcocksUnited States Circuit Court · 1832

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