Kirkpatrick v. Houston
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Armstrong county. John L. Kirkpatrick, who sued as well for himself as for the commonwealth, against Samuel Houston. This was an action of debt for the penalty imposed by the statute against usury. The proof was, that on the 12th of August 1840, the defendant loaned to the plaintiff $1800, and took his bond for $2000, payable on the 1st of October 1840, with a warrant of attorney to confess judgment.
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ERROR to the Common Pleas of Armstrong county. John L. Kirkpatrick, who sued as well for himself as for the commonwealth, against Samuel Houston. This was an action of debt for the penalty imposed by the statute against usury. The proof was, that on the 12th of August 1840, the defendant loaned to the plaintiff $1800, and took his bond for $2000, payable on the 1st of October 1840, with a warrant of attorney to confess judgment. On the 1st of January 1841, the plaintiff paid to the defendant $710, “being part of a judgment against John L. Kirkpatrick for $2000 in the prothonotary’s office.”…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson, C. J.
— The facts of the case are few and uncontested. *116The plaintiff borrowed $1800 from the defendant for seven weeks, and gave a bond, with warrant to confess judgment, for $2000, which was entered up the same day. At the expiration of three months from the day of payment, the plaintiff paid the defendant $710, and took a receipt which expressed the payment to be “ in part of a judgment against John L. Kirkpatrick in $2000.” To the next term but one, the defendant sued out a fieri facias on the judgment, on which he sold the defendant’s…
2Cases cited1 opinion
- Musgrove v. GibbsSupreme Court of the United States · 1787
3Cited by4 opinions
- Brown v. Second National BankSupreme Court of Pennsylvania · 1872
- Lennig's AppealSupreme Court of Pennsylvania · 1880
- Scottish Mortgage & Land Investment Co. v. McBroomNew Mexico Supreme Court · 1892
- Dolman v. CookNew Jersey Court of Chancery · 1861