Sork v. C. Trevor Dunham, Inc.

Opinion by

Baldrige, J.,

The Act of May 28, 1858, P. L. 622 (41 PS Sec. 4), provides that when a rate of interest exceeding that established by law has been paid, a recovery back may be had, if an action is instituted within six months after time of such payment.

This action in assumpsit was brought under that statute to recover alleged usurious interest paid, and resulted in a verdict for plaintiffs in the sum of $146.32.

The appellant contends that the right to recover usurious interest is personal to the debtor, and that in this case the original debtor is not the partnership, represented in…