Maryland Reports; Cases Adjudged in the Court of Appeals of Maryland Volume 34

Maryland Reports; Cases Adjudged in the Court of Appeals of Maryland Volume 34

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1872 edition. Excerpt: ...brought by the appellant against theappellee. The declaration professed to contain the common money counts, and a count for money found to be due from the defendant to the plaintiff, upon an account stated between them, but there was an omission of the words " and for" directed by the Code, (Art. 75, sec. 22, ) to be prefixed to each successive count or statement of a cause of action, after the first. ' A further statement of the case will be found in the opinion of the Court. The cause was argued before BARTOL, C. J., MAULSBY, MILLER and ALVEY, J. T. B. llfackall and Thomas W. Hall, Jr., for the appellant. While it is undoubtedly true, that "the Statute Law of Maryland upon the subject of usury, is to be found in the Act of 1704, ch. 69, as amended by the Act of 1845, ch. 352, and in the provisions of the Constitution of 1851, Article 3, section 49; Constitution of 1864, Article 3, section 50, and Constitution of 1867, Article 3, section 57," it is equally true that in every stage of legislation upon this subject, and through all the successive changes introduced both in the organic and statute law, the right of the party who has paid illegal interest, to recover back the usurious excess, both at common law and in equity, has been uniformly recognized. The Act of 1704, ch. 69, which forfeited the principal as well as interest of the usurious loan, and gave besides a qui tam action to the informer to recover treble the amount so loaned, by way of penalty, was substantially a copy of the English Statute, 12 Annc., ch. 16. That an action for money had and received would lie to recover back interest paid in excess of the legal rate, was admitted both under the Maryland Statute and its English prototype. Browning...
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Product details

  • Paperback | 252 pages
  • 189 x 246 x 13mm | 458g
  • United States
  • English
  • black & white illustrations
  • 123693265X
  • 9781236932655