Name: Brewster v. Wakefield — Opinion of the Court
Author: Roger B. Taney

Quotes from Brewster v. Wakefield — Opinion of the Court (Roger B. Taney)

Roger B. Taney, Brewster v. Wakefield — Opinion of the Court

“ The laws of the Territory have abolished the distinction between cases at law and cases in equity, and both are blended in the same proceeding, without any regard to the forms and rules of proceeding, either at law or in equity, and a case cannot be removed from an inferior to an appellate Territorial court, except by writ of error. And it is urged that this case, under the laws of Minnesota, ought to be regarded as a case at law, and removable to this court by writ of error only, and not by appeal. ”

[↩︎]

Source: Wikisource

Roger B. Taney, Brewster v. Wakefield — Opinion of the Court

“ When, then, they in terms say the interest shall be at certain rates agreed upon by them in writing, they can intend neither more nor less than that rate shall take the place of the statutory rate with all its incidents. It is but substituting, in the terms allowed by the statute, the conventional interest agreed upon by themselves.
V. It is to be construed as every other contract, to make compensation for the use of another man's property. The hire of labor, the rent of a house or machinery, stand on the same principle. ”

[↩︎]

Source: Wikisource

Roger B. Taney, Brewster v. Wakefield — Opinion of the Court

“ If there is no contract, the owner is entitled to recover whatever the jury may find he should reasonably receive. But if there is a contract for a definite period, at a certain rate, and the relation of the parties continues unchanged, the rate of compensation likewise continues. ”

[↩︎]

Source: Wikisource

Roger B. Taney, Brewster v. Wakefield — Opinion of the Court

“ Chapin, (9 Wend., 471,) it is held that a bank, which by law is limited to six per cent. interest upon all discounts, is entitled to recover at the rate of seven per cent. from the time the debt becomes due; that the clause in the charter limiting the rate of interest to six per cent. referred only to discounts in the ordinary course of business, and that the contract with the bank having been broken, the defendant was liable to pay the rate of interest fixed by the lex loci from the time the debt became due. ”

[↩︎]

Source: Wikisource

Roger B. Taney, Brewster v. Wakefield — Opinion of the Court

“ And of this opinion was the court, and by its decree, dated June 20th, 1855, adjudged that the sum of $10,670.77 was then due and owing for principal and interest on the said two notes, and ordered the mortgaged premises, or so much thereof as might be necessary, to be sold to raise that sum. ”

[↩︎]

Source: Wikisource

Roger B. Taney, Brewster v. Wakefield — Opinion of the Court

“ By it, the lower rate (six per cent.) fixed by the law of the contract was increased to the statute rate, (seven per cent.,) after the debt became due. It operates both ways, simply because it is a principle.
The case of Ludwick v. Huntsinger, (5 Watts and Serg., 51, 60,) it seems to us, is directly in point. In that case it was held that 'a note payable at a future day with three per cent. ”

[↩︎]

Source: Wikisource

Roger B. Taney, Brewster v. Wakefield — Opinion of the Court

“ The maxim, 'verba chartarum fortius accipiuntur contra proferentem,' (Co. Litt., 36 a,) is as applicable to contracts not under seal as to those of greater solemnity.
Mayer v. Isaacs, 6 Mees. and Wels., 612. ”

Roger B. Taney

Summary

Quotes from Brewster v. Wakefield — Opinion of the Court (Roger B. Taney)

Get perspective with Kwize: daily news enlightened by great literature

Roger B. Taney

Summary

Quotes from Brewster v. Wakefield — Opinion of the Court (Roger B. Taney)

Common terms

Similar works

Get perspective with Kwize: daily news enlightened by great literature