Allen & Trammell v. Turnham
Supreme Court of Alabama
Appeal from the Circuit Court of Chambers. Tried before the Hon. James W. Lapsley. This action was brought by Allen & Trammell, suing as partners, against Joseph 0. Turnham; and was founded on the defendant’s promissory note for $500, which was dated the 6th December, 1873, and payable twelve months after date, to J. N. Brisby (Brisky), by whom it was indorsed and transferred to plaintiffs.
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Appeal from the Circuit Court of Chambers. Tried before the Hon. James W. Lapsley. This action was brought by Allen & Trammell, suing as partners, against Joseph 0. Turnham; and was founded on the defendant’s promissory note for $500, which was dated the 6th December, 1873, and payable twelve months after date, to J. N. Brisby (Brisky), by whom it was indorsed and transferred to plaintiffs. Indorsed on this note were the following credits: December 2d, 1874, $250; December 24th, 1878, $169.31; and January 25th, 1882, $42.13. The defendant pleaded usury, and a special plea stating the facts…
1Opinion of the CourtSomeryille, J.
— It is not contended there is any usury in the note sued on, which was executed December sixth, 1873, payable to J. N. Brisby, twelve months after date, in the sum of five hundred dollars, and was transferred by Brisby to the plaintiffs. This contract does not, covertly or otherwise, stipulate for a higher rate of interest than that allowed by law. It is sought, however, to import into the original agreement the taint of usury, by showing that, contemporaneously with the execution of the note, an oral agreement was entered into, that, upon the maturity of the note, the maker might pay half…
2Cases cited1 opinion
- Masterson v. GrubbsSupreme Court of Alabama · 1881
3Cited by6 opinions
- Woodall v. Kelly & Co.Supreme Court of Alabama · 1888
- Lewis v. HickmanSupreme Court of Alabama · 1917
- Bernheimer v. GraySupreme Court of Alabama · 1917
- Blindman v. Industrial Loan & Thrift Corp.Supreme Court of Minnesota · 1936
- Read v. Flaketown Graphite Co.Supreme Court of Alabama · 1921
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