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COOK V. LILLO, 103 U. S. 792 (1880)

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U.S. Supreme Court

Cook v. Lillo, 103 U.S. 792 (1880)

Cook v. Lillo

103 U.S. 792

Syllabus

1. Thorington v. Smith, 8 Wall. 1, cited and approved.

2. Payment of a promissory note, executed at New Orleans March 26, 1862, will be enforced in lawful money where payments on account of the principal and interest were in that medium, and where, before the commencement of the suit, no claim was made that, by the agreement or understanding of the parties, the term "dollars" was to be construed as meaning "Confederate dollars."

3. In Louisiana, usurious interest cannot be reclaimed nor imputed to the principal unless a suit for its recovery be commenced or a plea of usury be set up within twelve months after the payment thereof.

The facts are stated in the opinion of the Court.


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