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103 U.S. 697

Ohio v. Frank

Supreme Court of the United States

Decided October 1, 1880

Supreme Court of the United States · decided 1880-10

<p>1. The rulings in Walnut v. Wade (supra, p. 683) reaffirmed.</p> <p>2. The court enforces the ruling of the Supreme Court of Illinois, that a note given in that State for a sum of money at a stipulated rate of interest not exceeding ten per cent per annum bears that rate as long as the principal remains unpaid.</p>

2 counsel of record

Relies on Holden v. Trust Co. · Phinney v. Baldwin

Good law ✅— No negative treatment on recordhow we know

Affirmed · 6–0 · Decided 1880-10

How this case has been cited

Cited by 38 later decisions (8 by the Supreme Court) — most recently March 2017 · most notably Field v. Clark (1892), New Orleans v. Warner (1899)

12 federal appellate · 4 district · 8 state decisions

11018801890190019101920193019401950196019701980199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶11. The rulings in Walnut v. Wade (supra, p. 683) reaffirmed.

¶22. The court enforces the ruling of the Supreme Court of Illinois, that a note given in that State for a sum of money at a stipulated rate of interest not exceeding ten per cent per annum bears that rate as long as the principal remains unpaid.

¶3Error to the Circuit United States · Case Law">Court of the United States for the Northern District of Illinois.

¶4The facts are stated in the opinion of the court.

¶5Mr. William, O. Groudy and Mr. Allan O. Story for the plaintiff in error.

¶6Mr. J. S. Roberts and Mr. Shelby M. Gullom for the defendant in error.

¶7Mr. Justice Woods

¶8delivered the opinion of the court.

¶9This was an action upon bonds issued by the town of Ohio, the plaintiff in error, and upon certain unpaid coupons attached to them. The bonds were issued by authority of the act of the legislature of Illinois of March 25, 1869, referred to in Walnut v. Wade, supra, p. 683. That case decided every question raised in this except one, which relates to the matter of interest on .the bonds.

¶10That intérest was at the rate of ten per cent per annum. In entering judgment the court below included interest upon the bonds at that rate from their maturity until the date of the judgment. This was assigned for error because there was no *698agreement in the bonds to pay interest after maturity. It was claimed that no interest at all should have been allowed on them after they fell due, but that if any interest was allowed it should have been computed only at the rate of six per cent per annum, which is the legal rate in Illinois.

¶11At the date of the bonds sued on the law of Illinois fixed the rate of interest at six per cent per annum where it was not settled by the contract, but allowed parties to contract for any rate not exceeding ten per cent per annum.

¶12No authority is cited in support of the proposition that no interest should have been allowed on the bonds after their maturity.

¶13The plaintiff in error relies upon the case of Holden v. Trust Company (100 U. S. 72), to support the- claim that only six per cent interest should have been computed on the bonds after' their maturity.

¶14That case arose in the District of Columbia, where substantially the same regulations on the subject of interest were prescribed by statute as in Illinois. The court in that case said: “ The rule heretofore applied by this court, under the circumstances of this case, has been to give the contract rate up to the maturity of the contract, and thereafter the- rate prescribed for cases where the parties themselves have fixed no rate.” But the court added: “When a different rule has been established it governs of course in that locality. The question is always one of- local law.”

¶15A different rule has been established in Illinois by the decisions of the Supreme Court of that State. In Phinney v. Baldwin (16 Ill. 108), it was held that a note given for a sum of money, bearing interest at a given rate per month, continues to bear that rate of interest as long as the principal remains unpaid.

¶16This rule was followed by the court below in computing the amount of the judgment in this case.

¶17Judgment affirmed,

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