Beals v. Lewis
Ohio Supreme Court
Error to the District Court of Huron county. March 11, 1872, Levi Lewis aud his sous, Charles A. Lewis and George W. Lewis, being partners in the mercantile and other business, in Huron county, under the firm name of Lewis & Sons, executed to Charles ~W. Beals a promissory note for $4,500, due in one year, with interest at eight per cent.
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Error to the District Court of Huron county. March 11, 1872, Levi Lewis aud his sous, Charles A. Lewis and George W. Lewis, being partners in the mercantile and other business, in Huron county, under the firm name of Lewis & Sons, executed to Charles ~W. Beals a promissory note for $4,500, due in one year, with interest at eight per cent. To secure the payment of the note, the makers of the note, as individuals and as partners, executed a mortgage to Beals on real estate, in that county, which they owned, and that mortgage was filed for record and became a lien, March 20,1872. On September 1,…
1Opinion of the CourtOkey, J.
1. In some cases a party, by receiving the amount of a judgment in his favor, waives the right to prosecute error or an appeal. Tabler v. Wiseman, 2 Ohio St. 207, 216. But that principle does not apply here. The plaintiff received the amount admitted to be due, and for which the court had rendered judgment; but the only matter in controversy was as to $1,533.30, which the de*223fendants alleged and the court found to be usurious interest, which the plaintiff was not entitled to recover. We think it was competent for the plaintiff to receive the amount of the judgment, and prosecute an appeal, and…
2Cases cited3 opinions
- Embry v. PalmerSupreme Court of the United States · 1883
- United States v. DashielSupreme Court of the United States · 1866
- In re PrescottU.S. Circuit Court for the Northern District of Illnois · 1874