TaiLexi AI U.S. Case Law

Klingensmith v. Reed

Klingensmith and Others v. Reed

Klingensmith v. Reed, 31 Ind. 389 (1869)
Download
Format
Include

Star paging (*137) is kept for pin cites.

Court
Indiana Supreme Court · State Highest Courts
Decided
May 15, 1869
Judges
Gregory
Citations
31 Ind. 389
Headnotes
¡Record.—Interrogatories.—Rejected Pleadings.—Interrogatories filed by a party to.an action, .and the .answers thereto by the .opposite party, and paragraphs of answer to the-complaint which are rejected by the court on motion, are not parts .of .the record if not made .so by bill of exceptions. Ixterest.— Contract.—Remedy.—Where a person -contracts for the payment of a higher rate of interest than can .at the time bo lawfully contracted for, but the law in force at the time -the remedy is sought against him allows parties to-contract for the .payment-of such higher rate, the latter law controls.
Summary
APPEAL from the Marlon Common Pleas.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Gregory

Text extracted by OCR from a scanned original; check the original for exact wording.

Gregory, J.

The -only question presented by the record arises on the action of the court below in sustaining the demurrer t© the third paragraph .of .the .answer.

J. S. Harvey, W. V. Burns, and I. Klingensmith, for appellants. R. B. $ J. 8. Duncan, for appellee.

The interrogatories filed by the plaintiff, the answers thereto by the appellants, and the paragraphs of the answer to the complaint which, were rejected by the court below on the motion of the appellee, are no part of the record, not having been made so by bill of exceptions.

The. note sued on bears, date the 27th day of September, 1866, aud is for $770, payable one year after date;

The paragraph of the answer to which the denrurrer was sustained avers, “that as to twenty-eight dollars, the plaintiff’ charged a greater rate of interest than six per cent., therefore unlawful aud usurious; aud that the same was included in the note.”

The law in force at the time the remedy was sought allowed parties to contract for the payment of any rate of interest not exceeding ten per cent, per annum,, and declared the taking of interest in excess of ten per cent, per annum usurious.

The paragraph in question is bad, for not showing any violation of this law.

The judgment is affirmed, with ten per cent, damages and costs.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1870–1871: 11872–1873: 11882–1883: 11904–1905: 11972–1973: 118702026peak 1870 · 1

Relies on it most ⓘ

  1. Helm v. First National Bank91 Ind. 44 (1883)
  2. American Savings Life Insurance v. Financial Affairs Management Co.513 P.2d 1362 (Ariz. Ct. App. 1973)
  3. Pattison v. Jenkins33 Ind. 87 (1870)
  4. Highfill v. McMickle39 Ind. 270 (1872)
  5. Paul v. Baltimore & Ohio Railroad69 N.E. 1024 (Ind. Ct. App. 1904)

Most recent

  1. American Savings Life Insurance v. Financial Affairs Management Co.513 P.2d 1362 (Ariz. Ct. App. 1973)
  2. Paul v. Baltimore & Ohio Railroad69 N.E. 1024 (Ind. Ct. App. 1904)
  3. Helm v. First National Bank91 Ind. 44 (1883)
  4. Highfill v. McMickle39 Ind. 270 (1872)
  5. Pattison v. Jenkins33 Ind. 87 (1870)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

No citations to other opinions in this database were found.

Keyboard shortcuts

/Focus the search box
j kNext / previous result
EnterOpen the selected result
xAdd / remove the selected result from the download list
n pNext / previous search term in a case
cCopy the citation of the current case
+ −Larger / smaller reading text
?Show this list