Brower v. Haight
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Bodge County. The complaint in this action alleges, in substance, 1. That in January, 1861, the defendant executed bis note, payable to one Bogert or order, for $200 'at thirty days, with interest at 10 per cent., which was afterwards duly transferred to the Bodge County Bank; and that $30 of the principal, and interest upon the whole amount from date, remain due and unpaid. 2. That in April, 1861, the defendant executed his note, payable to…
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APPEAL from tbe Circuit Court for Bodge County. The complaint in this action alleges, in substance, 1. That in January, 1861, the defendant executed bis note, payable to one Bogert or order, for $200 'at thirty days, with interest at 10 per cent., which was afterwards duly transferred to the Bodge County Bank; and that $30 of the principal, and interest upon the whole amount from date, remain due and unpaid. 2. That in April, 1861, the defendant executed his note, payable to one Lawrence or order, for $70.79, at sixty days, with interest, which was indorsed by the payee before due to the…
1Opinion of the Court
By the Court,
Paine, J.
That the $1,500 loan was made by the bank, the evidence leaves no room for doubt. It also clearly appears that the papers were executed to Lander as a mere cover for the violation of the law in the rate of interest. The note was therefore void for usury, if the usury law was applicable to determine the effect of a contract made by a bank in violation of the banking law. In the case of Rock River Bank v. Sherwood, 10 Wis., 230, the question was considered, and we there held that the usury law then in force was so applicable. The respondent’s counsel now contends that the…
2Cases cited4 opinions
- Rock River Bank v. SherwoodWisconsin Supreme Court · 1860
- Van Steenwyck v. SackettWisconsin Supreme Court · 1864
- State ex rel. Reedsburg Bank v. HastingsWisconsin Supreme Court · 1860
- Brower v. SmithWisconsin Supreme Court · 1863
3Cited by4 opinions
- Northwestern National Bank of Superior v. City of SuperiorWisconsin Supreme Court · 1899
- Citizens Bank of Clinton v. JonesWisconsin Supreme Court · 1903
- In re KoettingWisconsin Supreme Court · 1895
- Porter v. StateWisconsin Supreme Court · 1879