The democrat. [volume] (Weston, W. Va.) 1868-1874, 1872-12-23

JAS Lew. Dec. .llth.

JAZZ ukW, utc, lin. F''
Tothe Eiiitorcf7'hs Demarras. a.
Yournete ID answer to my,inquiry.
published in your, issue 'oftlie "a inst,
Is not satisfactory TO 40 inquiring mind
After giving Section s Of Chapter
90 ofthe Code, you say: "Tho true
meaning Of this section |, thata party
may contract 70 pay a greater, raie, Of
interes. than Q per cent, and unless
the defendant 10 suit pleads aud re.
fuses BY bis pleato pay aigres.er rate
Of interest than 0 pet cctit, tits tiie
duty ofthe Cour. to give judgmt mt for
the interest ugreed 10 befpaid." Nov
Mr.. Editor, Il is an easy niltisr 10 lay
this;' but to assign . reason for your
construction of.tho section referred 70
might DO some trouble. M qt!aa
Is 1t SO that the trun meaning Of
the law is that . Court ought to give
judgment 10 enforce contract lhSt tie
law expressly declares i'oid H. Is Ii %
fact that ths'lrue meaning dissection 5
il that Coutt shall give judgment
that tho plaint;.s shall recover from the
defendant what seciion4 of tho same
chapter declares ho shall not tAke3
Section 4 says no person, upon any
contract, shall take FOR tile loan Or for,
bearanoe Of money aor, other thing
above 8 per cent. Fiaally, is 1t tie
true meaning Of tho law that y Cur
BY 10 Judgments. makes Il. legal for q
party 10 recover more than Q per cent.
when the Law declares that legal inter!
est shall continue tobe at The rate Of
6 per cent ,-4ssi' so ,.s,o .iiIi@
| am aware thattia party may con.
to pay interest at u greater rat.
than 8 per cent, and ifhe chooses to
pay it. (Which I think be ought in
honor to do) tits all right; but The only
question is, eau the plaintiff recover il
BY legal process, although the defend,
ant does not plead aud otjceii'l
9scctions' 8 and Z Of ohpptef,96 pre-.
rides howa defendant my plead in
general terms thdt the contract Of Is.
iutance On which the iai. u, brought
was for the payment ofinierest al a
greater, rate than is allowed BY law
But this certainly only refers 10 cases
where the fact Of such greater rate
does not appear ID the note or writing
upon which the action 10 brought.
And for the very obvious reason that
the Court 10 not presumed to know IN.
til The facts are brought to light By The
plcadings 10 tho. case; and when
brought TO light the Court ought to
give Judgment tho same way as II the
fact Of such greater ratio Of interest bad
in the papers pertaining to
the case. rstH n fdfiI
Now, Mr.. Editor. pu. on yonr glss
SEES and read sections 4, IS. IS aud 4 Of
Chapter 90 again aud sec II my inter.
probation IL not tho plain, common
sense meaning Of the law. While |
am aware that The majority Of our legal
men differ with me In this matter, yet
| AM glad 10 know that | do not stand
alone 10 my views Of this Law one Of
the best Attorneys 10 your town says I
am elearly,risLt, hudiftther says'tha,
htis surptiisd that any pSfsSn would
attach my Slher gleaGing 10 the law
referred 40, And recently q case In
point came before tho Circuit Conrt Of
Ohio county, aud the Court, 10 thu,
case, only give judgment tOr interest
at tue rate Of 0 per cant, although the
defendant did not plead and refuse to
pay the exec" above 0 par cent,
NJ NicWaoRrER.
No+E NJ TnE EDlroR Doctors and