Hochmark v. Richler
Supreme Court of Colorado
Appeal from LaTce County Court. This action was begun before a justice of the peace upon a promissory note in favor of appellee, signed by appellant and two other parties. The note was for $177, and provided for the payment of interest after maturity at the rate of three per cent, per month. Judgment being rendered in favor of plaintiff, an appeal was taken to the county court. There the cause was retried, and a recovery by the plaintiff again sustained.
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Appeal from LaTce County Court. This action was begun before a justice of the peace upon a promissory note in favor of appellee, signed by appellant and two other parties. The note was for $177, and provided for the payment of interest after maturity at the rate of three per cent, per month. Judgment being rendered in favor of plaintiff, an appeal was taken to the county court. There the cause was retried, and a recovery by the plaintiff again sustained. The remaining facts sufficiently appear in the- opinion.
1Opinion of the CourtChief Justice Helm
The note sued on in this action is not illegal upon its face. Interest at the rate of three per cent, per month after maturity is provided for, but by statute in this state parties may contract for a larger rate of interest than that specified to govern in the absence of contract. Gen. St., § 1708; Buchingham v. Orr, 6 Colo. 587, and cases cited.
While, however, the contract was, upon its face, unobjectionable, it clearly appears by the evidence that the amount specified ($177) consisted of two items, viz., $150, the actual loan, and $27, interest,— the interest on this loan at three per cent,…
2Cases cited7 opinions
- Rowley v. StoddardNew York Supreme Court · 1810
- Denver Brick & Manuf'g Co. v. McAllisterSupreme Court of Colorado · 1882
- Bowers' Adm'r v. BriggsIndiana Supreme Court · 1863
- Buckingham v. OrrSupreme Court of Colorado · 1883
- Heckman v. ManningSupreme Court of Colorado · 1879
2 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- F. M. Davis Iron Works Co. v. WhiteSupreme Court of Colorado · 1903
- Baxter T. BeckwithColorado Court of Appeals · 1913
- Jerome v. BohmSupreme Court of Colorado · 1895
- Dennis v. BradburyDistrict Court, D. Colorado · 1964
- Board of County Commissioners v. LinnSupreme Court of Colorado · 1902
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