Lewistown gazette. [volume] (Lewistown, Pa.) 1843-1944, 1852-03-12
Atacetta O II 3
From the Legal Inteligencer.
Rates of Interest, Bills, Notes, sc.
PENNSYLVANIA
PENNSYLVANIA.

Iags.-' Shall forfeit the money and other
tbjnrs lent; one half thereof to the Governor
for the support OF the government, and the
other half to the person who shall sue for the
same March, lI>3)
III. Damages on BHis--The damages on
bills Of Exchange negotiated in Pennsylvania,
PAYABLE in ether States, and returned under
protest, a as !ol!cW5
/. Upper and Lower California, New Mexico
and Oregon, 10 per cent.
. Al other states, )
". Foreign Bals.--The damages on
foreign bills Of exchange, returned under pro-
lest, are aa follows. (Aiay -, 1880:
! Payable IN China, India. Or other parts OF
Asia, Africa, or Islands in the Pacific
Ocean, 20 per cent.
2. Mexico. Spanish Main, West Indies. or
other Atlantic Islands, East Coast of South
America Great Britain, or other parts OF
Europe, 10 per cent.
3. West coast of South America, -
/. Al! other parts OF he wovld, 10
!. Gight BIS Grace : not allowed by
the banks upon bills, drafts, checks, &c, pay
able at sight; noF on checks, &c, payable at a
specific daY mentioned III The body OF the
check.
TIE fp''ow;ne sections constitute part Of
law passed hg the Legislature OF PennsyI
vania on th4 5th Of April, SIG. in reference
70 P.cmissory Notes, Counterfeit iDdorsements,'
&c:
Section Z That whenever any value or
amount shall be received - consideration 10
me sale, assignment, transfer or negotiation, or
IN payment Of any bill oJ exchange, draft,
check, or-er. promss1ry note, or other iustru-
lent negotiable within ibis Commonwealth.
Oy the holder thereof from The Indorsae or the
1ndorsees, or payer or payers OF the same, and
lie signature OF signatures Of any person or
p-rs0es REPRESENTED . he parties thereto,
whether as drawer accapt17, or ind0rser, shall
he"" been forged thereon, and such value OF
amount hy T-ss,n thereof erroneously given
cr as.a, srch indorsae or IndOrsees, as well a.
such payer or payers respectively, shall be e.
gaiy entitled = recover brc; from the person
or persons previously holding or negotiating
ne same, the value or amount SO as aforesaid
= gvcn or paid Oy suc4 .nGUIsee or indoFSces, or
payer or payers respectively, 10 such person or
persons, together with lawful interest thereon,
tom the time inat demand shall have been
iaaGe for repayment Of the same.
Section II. That all bills Of exchange,
drafts orders, checSs, promissory notes, or
other instruments IN the form, nature, or
slmjiltude thereof, that shall OF mag hereafter
be made or be drawn or indorsed to order
within this Commonwealth, upon any person
or persons, body polite or corporate, ,co.Daft1er-
ship, Hrm or institution OF or ~. or that shall
DE- made payable, IN any other State, Territory.
county, or place whatsoever, for any sum or
sums 0! money, with the current rate Of ex-
change IN Philadelphia or such other places
within this Commonwealth where the same
may bear date, or, ia current funds, or such
ike qualification superadded, shall be held to
ne negotiable by Endorsement, aud recoverable
hy the indOTsee in his, her, or their own name
or names, in the same manner, to all IN
tents and purposes, Is bills Of exchange and
promlssory notes, formally drawn and ordi-
nariiy in use and negotiable within ihIs Com
moowealth, are now by law recoverable therein.
DECISIONS.
Where more than legal interest is included
IN any speciality or note, the whole amount
cannot be sued Tor and recovered but the plain
lief Is entitled tOa verdict for the Just princI-
pal and interest. 2 Dallas, %.
The rule Of law IS, that interest Is allowed
on goods sold and delivered, and on al open
accounts where by the usual course Of dealing.
or oY express agreement a certain time IS
liked Tor payment on money lent and advanced:
on arrears OF rem, unless ii would be inferred
by the landlords conduct that he did not mean
10 insist upon 1t, or he demands more than is
que, or there are other speciai circumstances
which might make the charge OF interest i'm.
proper; and, generally, wherever one person
dstalns the money Of another, without any
right and against MS Consent. 6Bnney, 1872:
| Ser. & Raw. I76; l Binney, 488; Dallas,
SO, BAG: ; ID. 1893: 3D. 2-9.
But where a person was ignorant that +
sum OF money had been paid for his use bv tho
plaintiff, he is not chargabie with Interest, buf
ron the time lie was informed Of the fact. |
Ser. q Hsw 176
a dormant partner IS liable for interest.
upon the receipt Ct the money, bv an acfinar
FTlheF. without MS priTity or participation.
Dallas. 343, 81 edit
Although interest upon interest is generally
unlawful, yet there are cases in which intares,
- considered a5 changed into princtpal. and
permitted to carry interest; as where settle
ment OF accounts takes place after interest has
become due, or an agreement is made after
interest becomes due, nat it shall carry
Interest. any agreement for interest uDon
interest, 10 be lawful, must be made after the
4nterest has become due; and must be pros
pecuVe that the interest then due shall carry
interest. IN original agreement, that if the
lnte;ost Il not PAID al the time it shall be due,
u snail carry interest, though it would not
amount TO usury 50 Gs 10 render the contract
connected with il illegal and void, vet the
party cannot recover such interas! either at
law or IN equity. Johns Ch. 4. I4:6ib 3l3.
Bee Yeates 220; Barn d. Ald "a: rs
q Lo"b, 10; IL Nesey. r. %: 3 Wash G. G.
~ '2o' 1886. It IS doubtful! if tins rule Of
cAa'g'hg Interest on iuter-t relates 10 real Sc
3nL''.eS. 3iI sec Yes j.. 213, fhoughln4 Yeates.
32O, /. WG8 SO ae,l. 49,
interest cannat y recovered after a tender
duo