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67 Ill. 96

Witherow v. Briggs

Illinois Supreme Court

Decided January 15, 1873

Illinois Supreme Court · decided 1873-01-15

Thomas F. Tipton, Judge, presiding. This was an action of debt, by Flavius J. Briggs against William G. Witherow, John M. Harvey and Henry C. Sholty, upon the note set forth in the opinion.

Cited by 1 later decisions — most recently May 1949

1 state decisions

Relies on Lawrence v. Cowles

Good law ✅— No negative treatment on recordhow we know

Decided 1873-01-15

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Mr. Justice Sheldon

¶1delivered the opinion of the Court:

¶2This was an action upon a sealed promissory note made by appellants, which was as follows:

¶3$420.00. Bloomington, III., March 1, 1871.

¶4Six months after 'date, for value received, we jointly and severally promise to pay to F. J. Briggs, or order, at the Phoenix Savings, Loan and Trust Co. Bank, four hundred and twenty dollars, payable with the current rate of exchange on New York added. If not paid at maturity, to forfeit and pay 20 per cent interest per annum till paid, as liquidated, agreed and assessed damages thereon for said detention and non-payment.

¶5The court below gave judgment for the principal of the note, with 20 per cent per annum interest from the maturity of the note; the giving of judgment for which interest is the error assigned.

¶6The note itself was all the evidence in the case.

¶7Under repeated decisions of this court, the interest here was in the nature of a penalty to secure the punctual payment of the debt, and recoverable. Lawrence v. Cowles, 13 Ill. 577; Gould v. The Bishop Hill Colony, 35 ib. 324; Davis v. Rider et al. 53 ib. 416.

¶8The judgment is affirmed.

¶9Judgment affirmed.

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