Stoddard v. Kline
Superior Court of Pennsylvania
Appeal, No. 99, April T., 1912, by plaintiff, from order of C. P. Armstrong Co., Sept. T., 1910, No. 150, making absolute rule to open judgment in part in case of Josiah C. Stoddard, Receiver of the Washington National Building and Loan Association, D. C., v. Peter H. Kline. Rule to open judgment. The facts appear by the report of Stoddard v. Kline, No. 1, ante, p. 16. Error assigned was in reducing the judgment on the ground that it included usurious interest.
1Opinion of the Court
Opinion by
Morrison, J.,
An examination of the record does not disclose any such error on the part of the learned judge below as calls for a reversal. This appeal rests on the ground that the court erred in opening all of the judgment in excess of $1,282.65 (which includes attorney’s commission) and the reason the learned counsel advances in support of his position is that the plaintiff association is a Virginia corporation and *24that the receiver has the right in adjusting the affairs of said insolvent corporation to charge usurious interest. In other words, we understand the counsel to concede…
2Cases cited2 opinions
- Keystone Wrapping Machine Co. v. BromeierSuperior Court of Pennsylvania · 1910
- Bollinger v. Gallagher, Pennsylvania Court of Common Pleas, York County1891