Supreme Court of the United States, 1891

Fowler v. Equitable Trust Co.

Supreme Court of the United States · Decided October 26, 1891 · Harlan

141 U.S. 408; 12 S. Ct. 7; 35 L. Ed. 793; 1891 U.S. LEXIS 2528 (United States Reports)

Counsel

Mr. William L. Cross for the Equitable Trust Company., Mr. Robert C. Ingersoll and Mr. William Ritchie for Eowler.

Cases that cite this one

4 later published cases cite this decision.

Wilbur v. Griffins (Cal. Ct. App. 1922)
Murray v. First Trust & Savings Bank of Sibley (Iowa 1926)
In re Atkins (District Court, W.D. Kentucky 1915)
Fowler v. Harts (Ill. 1894)

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

Mr. Justice Harlan,

after stating the case, delivered the opinion of the court.

These appeals are from the same decree. The cases arise under the usury law's of Illinois. They do not differ materially from Nos. 32 and 33, except as to the amount of the loan. The answer raises the same questions as were raised in. those cases. The decree gave no credit on the principal sum for payments on account of interest, but was for the amount actually received by the borrower in cash, and the sum paid by the mortgagee for insurance, with interest on the aggregate amount at six per cent from the date of its rendition. Under the statute of Illinois relating to interest upon the loan or forbearance of money, and .for the reasons given in-the opinion in cases Nos. 32 and 33, the loan in question must be held to have been usurious, and the decree should have been in conformity with the principles announced in those cases.

The decree is

Reversed with costs, and the cause .is remanded with instructions to make such modifications in the decree as will be consistent with this opinion.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.