Legal Opinion

Union National Bank of Chicago v. Chapman

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1896Published

Appeal by the defendants, William P. Chapman and Elizabeth J. Chapman, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the cleric of the county of Monroe on the 17th day of December, 1895, upon the report of a referee.

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Appeal by the defendants, William P. Chapman and Elizabeth J. Chapman, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the cleric of the county of Monroe on the 17th day of December, 1895, upon the report of a referee. The plaintiff is a national bank, organized under the statutes of the United States, having its banking office and principal place of business at Chicago, 111. William P. Chapman and Elizabeth J. Chapman were born and married at Watkins, N. Y., both now being and since their births having been resident citizens of the State of New York…

1Opinion of the Court

Follett, J.:

The appellants having answered separately, the questions raised by them will be separately considered. The only question .raised on the appeal of William P. Chapman is that the referee erred, in allowing the plaintiff to recover $275 interest on the note after it fell due.

Section 6 of chapter 74 of the Revised Statutes of Illinois provides:.“ § 6. If any person or corporation in this state shall contract to receive a greater rate of interest or discount than seven (7) per cent upon any contract, verbal or Avritten, such person or corporation shall forfeit the whole of such…

2Cases cited7 opinions

  1. Wayne County Savings Bank v. . LowNew York Court of Appeals · 1880
  2. First National Bank v. DavisIllinois Supreme Court · 1884
  3. Harris v. BresslerIllinois Supreme Court · 1887
  4. Heard v. HicksSupreme Court of Alabama · 1886
  5. Bressler v. HarrisAppellate Court of Illinois · 1886

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