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· 12/15/1884

Carter v. Carusi

Citations

  • 112 U.S. 478
  • 5 S. Ct. 281
  • 28 L. Ed. 820
  • 1884 U.S. LEXIS 1899

Syllabus

<p>The provision, in § 715 Rev. Stat. District of Columbia, that a tender contracting to receive an illegal rate of interest; shall forfeit all such interest, and shall be erititléd to recover only the- principal sum, applies only to eases in which the illegal interest has been contracted for, but has not been paid.</p> <p>The remedy given by § 716 Rev. Stat. District of Columbia 'to teeover back unlawful interest actually paid is exclusive.</p> <p>It is not error in a charge to make no reference to an issue raised by a plea, but Unsupported by proof.</p> <p>Failure to instruct a jury upon an issue raised by a plea cannot be assigned as error, if the court below was not requested to charge the jury upon that issue.</p>

Judges: Woods

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