Roberts v. Muir
Cases that cite this one
3 later published cases cite this decision.
- Kettry v. Thumma (Ind. Ct. App. 1894)
- White v. Stellwagon (Ind. 1876)
- Webb v. Thompson (Ind. 1864)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Muir sued Roberts and Roberts upon a complaint as follows:
11 James Muir complains of William Roberts and Jacob Roberts, and says, that the defendants, by their note, on the 16th day of August, 1840, promised to pay the plaintiff forty-two dollars and fifty-four cents, with interest at the rate of ten per cent, per annum, if not punctually paid when due; a copy of which note is herewith filed, which remains unpaid. And plaintiff demands judgment for fifty-six dollars.”
The defendants answered, setting up payment and usury. Reply. Trial, and judgment for the plaintiff for a fraction
Excessiveness of damages is ground that will sustain a motion for a new trial. 2 Swan’s Pr. 925.
The judgment is reversed with costs, Cause remanded, with leave to the plaintiff to amend his complaint.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.