Public-domain · open source
OpenJurist

18 Ind. 246

Lefler v. Dermotte

Indiana Supreme Court

Decided May 15, 1862

Indiana Supreme Court · decided 1862-05-15

<p>The rate of interest allowed by law in the place where a note is made payable, may be recovered in an action here, if the law of the place of payment is properly averred and proven.</p>

Decided 1862-05-15

Per Curiam.

¶1Action by Dermotte against the appellants, to foreclose a mortgage, given to secure the payment of promissory notes, payable in the State of New York. Interest was demanded and recovered at the rate of seven per cent. The *247only point made in the brief of counsel for appellants, is that t'he law of Neto York, allowing interest at that rate, is not set out. The counsel is mistaken as to the averments in the complaint. It is averred that the law of New York allows interest at that rate, and the statute of that State is, in terms, set out.

David McDonald, for the appellants.Newcomb $■ Tarkington, and Stanfield § Anderson, for the appellee.

¶2The judgment is affirmed, with costs, and 3 per cent, damages.

/18/ind/246 · .json · Public domain