18 Iowa 132 | Iowa | 1864
Lead Opinion
Reversed.
Dissenting Opinion
dissenting.
For reasons more fully stated in French & Davies v. Rowe & Hyde, 15 Iowa, 563, I feel constrained to dissent from the foregoing opinion. I take the law as it is written. Appellants may seem to suffer unjustly from the law as thus written, but the remedy is not with the courts but the legislature. It certainly does appear, or is “ ascertained ” in this case, that “ a rate of interest has been contracted for, greater than is authorized by the law.” And this is “ ascertained,” “ in a suit brought” on such contract. If so, the law is that this “ shall work a forfeiture of ten per cent per annum to the school fund of the county.” And the court is required to, or, “ shall render judgment for the amount of interest forfeiture against the defendant * * * whether the suit is contested or not;” (Rev., § 1791). • That defendant has paid plaintiff all and more than he was entitled to, cannot excuse him, “ in a suit brought on the contract,” from responding to the school fund. He takes these consequences when he enters into the contract and makes his payments. Payment to the usurer of more than he has a right to demand, is no answer
I think the judgment should be affirmed.