Legal Opinion

Lacy v. Brown

Indiana Supreme Court

Decided November 15, 1879PublishedCited by 5 opinions

From the Hamilton Circuit Court.

1Opinion of the CourtScott, J.

Lacy made a note to Brown, in which was included a large amount of usurious interest. Brown sold and endorsed the note before due, in good faith, for a valuable consideration, to the First National Bank of Indianapolis. The bank collected the note from Lacy, by legal process. No defence was made.

This suit is brought by Lacy against Brown, the payee, to recover the illegal interest paid to the bank by him, as maker of the note.

A demurrer for want of facts was sustained and exception entered. The plaintiff' declined to amend, and final judgment was rendered against him, from which ho appeals to…

2Cases cited4 opinions

  1. State Bank v. EnsmingerIndiana Supreme Court · 1844
  2. Berry v. MakepeaceIndiana Supreme Court · 1851
  3. Holcraft v. MellottIndiana Supreme Court · 1877
  4. Smead v. GreenIndiana Supreme Court · 1854

3Cited by5 opinions

  1. Baum v. ThomsIndiana Supreme Court · 1898
  2. Lee v. HillmanWashington Supreme Court · 1913
  3. Harbaugh v. TannerIndiana Supreme Court · 1904
  4. Brown v. LacyIndiana Supreme Court · 1882
  5. Keehn v. McGillicuddyIndiana Court of Appeals · 1898

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