McFarland v. Carr
Wisconsin Supreme Court
APPEAL from the Circuit Court for Lafayette County. Action for the foreclosure of a mortgage, dated October 8, 1859, for $400, accompanied by a promissory note for that sum, payable one year after date, with interest at twelve per cent, per annum until paid, executed by Garr to McFarland.
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APPEAL from the Circuit Court for Lafayette County. Action for the foreclosure of a mortgage, dated October 8, 1859, for $400, accompanied by a promissory note for that sum, payable one year after date, with interest at twelve per cent, per annum until paid, executed by Garr to McFarland. The answer alleges that the mortgage is usurious and therefore void, setting out the particular mode in which usury was taken, and. the evidence in the cause on this point was given by witnesses in open court, at the trial below, and was as follows: The defendant Garr testified, “ the consideration for the…
1Opinion of the Court
By the Court,
Cole, J.
This is an action to foreclose a mortgage. The defense is, ti íat the note and mortgage are us a-rious and void. This defense the circuit judge thought was not sustained by the evidence. But upon this point, we have arrived at a different conclusion. In our opinion, the testimony in respect to the making of the loan, and the giving of the note and mortgage shows that the transaction was usurious. It is true that the evidence :iri the case is quite conflicting. Indeed it is, on some important points, so certainly and positively contradictory, that it is impossible to…
2Cases cited3 opinions
- Condit v. . BaldwinNew York Court of Appeals · 1860
- Baxter v. BuckSupreme Court of Vermont · 1838
- North v. SergeantNew York Supreme Court · 1861
3Cited by6 opinions
- State ex rel. Ornstine v. CaryWisconsin Supreme Court · 1905
- Ottillie v. WæchtekWisconsin Supreme Court · 1873
- Franzen v. HammondWisconsin Supreme Court · 1908
- Rooney v. SouleSupreme Court of Vermont · 1873
- Gardner v. RuffnerSupreme Court of Alabama · 1921
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