39 Ind. 106 | Ind. | 1872
Action by the appellees against the appellants. The complaint was in three paragraphs,' counting upon three several promissory notes executed by the defendants to the plaintiffs. The first was for the sum of five hundred and eighty-four dollars and fifty-five cents, dated September 1st, 1869, and payable at sixty days; the second was for the sum of two thousand seven hundred and fifteen dollars and ninety-three cents, dated July nth, 1869, and payable at six months; the third was for the sum of three thousand two hundred and sixty-seven dollars and fifty cents, dated July nth, 1869, and payable at six months.
The paragraphs of the complaint were in the order of the notes as above stated. Issue, trial by the court, finding and judgment for the plaintiffs.
• Demurrers were sustained respectively to the sixth and seventh paragraphs of the defendants’ answer, and they ex
The seventh paragraph of the answer, which was in principle the sa'me as the sixth, was pleaded in part to the third paragraph of the complaint. By this paragraph, it appears that on the nth day of January, 1868, the defendants executed to the plaintiffs a note for the sum of two thousand four hundred and fifty-four dollars and ninety-three cents; that this note was also renewed from time to time, the last renewal being the note described in the third paragraph of the complaint; that this note of January nth, 1868, was executed for a debt of Joseph S. Stockton, and the debt originated from a loan by the plaintiffs of certain moneys to William S. Stockton at the usurious rate of twenty per cent, per annum, for which money thus loaned, with the usurious interest thereon, the defendant Joseph S. Stockton and one Richard Moore had become bound in a note, with said William S. Stockton, to the plaintiffs; that a large amount "of usury entered into the note of January nth, 1868, which the defendants seek to have deducted from the note described in the third paragraph of the complaint.
The demurrer to this paragraph of the answer should also have been overruled. This ei'ror, in respect to the pleadings, renders it unnecessary that we should pass upon questions which arose in the subsequent progress of the cause. Those questions may not again arise.
The judgment below is reversed, with costs, and the cause remanded.