Legal Opinion

Fowler v. Equitable Trust Co.

Supreme Court of the United States

Decided October 26, 1891No. Nos. 34, 35PublishedCited by 5 opinions

APPEALS EEOM THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF ILLINOIS. The court stated the case as follows: The Trust Company made a loan to Rose H. Fowler, a citizen of Illinois, of the sum of $6000, for 'five years, with interest at the rate of ten per cent per annum, payable semi-annually.

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APPEALS EEOM THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF ILLINOIS. The court stated the case as follows: The Trust Company made a loan to Rose H. Fowler, a citizen of Illinois, of the sum of $6000, for 'five years, with interest at the rate of ten per cent per annum, payable semi-annually. The latter executed to the company six coupon bonds of $1000 each, dated May 1, 1874, payable May 1, 1879, with interest semi-annually at the rate of seven per cent per annum; the principal and interest payable at the office of the company in New York. As security for the payment of…

1Opinion of the CourtJustice Harlan

These appeals are from the same decree. The cases arise under the usury law's of Illinois. They do not differ materially from Nos. 32 and 33, except as to the amount of the loan. The answer raises the same questions as were raised in. those cases. The decree gave no credit on the principal sum for payments on account of interest, but was for the amount actually received by the borrower in cash, and the sum paid by the mortgagee for insurance, with interest on the aggregate amount at six per cent from the date of its rendition. Under the statute of Illinois relating to interest upon the loan…

2Cited by5 opinions

  1. Smith v. Mortgage & Debenture Co.Court of Appeals for the Fifth Circuit · 1900
  2. Fowler v. HartsIllinois Supreme Court · 1894
  3. Murray v. First Trust & Savings Bank of SibleySupreme Court of Iowa · 1926
  4. Wilbur v. GriffinsCalifornia Court of Appeal · 1922
  5. In re AtkinsDistrict Court, W.D. Kentucky · 1915

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