Cockle v. Flack
93 U.S. 344 (1876)

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U.S. Supreme Court

Cockle v. Flack, 93 U.S. 344 (1876)

Cockle v. Flack

93 U.S. 344

Syllabus

1. Where a commission merchant in Baltimore advanced to a pork packer in Peoria $100,000, for which he was to receive interest at the rate of ten percent per annum, and a fixed commission for the sale of the product, to be paid whether it was sold by the commission merchant or not, it was properly left to the jury to decide on all the facts whether or not the commissions were a cover for usury, or were an honest contract for commission business, in connection with use of money.

2. The express agreement of ten percent is not usurious, because lawful in Illinois, though not so in Maryland. Andrews v. Pond, 13 Pet. 65, reaffirmed.

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