Legal Opinion

West v. Belches

Supreme Court of Virginia

Decided October 30, 1816Published

The Appellee James Belches filed his Bill in the Superior Court of Chancery for the Williamsburg district against Robert West, Thomas West, and Morgan Tomkies; stating that the complainant and Francis Willis were securities for Charles Grymes, in two bonds, to the said Tomkies; one for 1501. and the other for 821. 10s.

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The Appellee James Belches filed his Bill in the Superior Court of Chancery for the Williamsburg district against Robert West, Thomas West, and Morgan Tomkies; stating that the complainant and Francis Willis were securities for Charles Grymes, in two bonds, to the said Tomkies; one for 1501. and the other for 821. 10s. Od. ; that the bonds were usurious, a loan of money at unlawful interest being intended by the parties, but *the usury covered by a sale of slaves for much more than their value; that the bond for 1501., was assigned by Tomkies to Robert West, who was concerned with him in the…

1Opinion of the Court

Wednesday, October 30th, 1816.

JUDGE ROANE

pronounced the following opinion •of the Court.

The Court is of opinion that, upon the testimony exhibited in this cause, there is no ground to say that the sale of the negroes Peter and Molly in the Bill mentioned was a transaction to cover a reservation of usurious interest upon a loan of money ; — but that, for aught that appears, the said sale was a real sale of the said negroes upon a credit; in which case it is lawful to agree upon and take a greater price than that, with interest, for which they had been previously offered in cash; and that,…

2Cases cited32 opinions

  1. Knott v. Manufacturing Co.West Virginia Supreme Court · 1888
  2. William & Mary College v. PowellSupreme Court of Virginia · 1855
  3. Clark v. City of RichmondSupreme Court of Virginia · 1887
  4. United States Blowpipe Co. v. SpencerWest Virginia Supreme Court · 1895
  5. Houston v. McCluneyWest Virginia Supreme Court · 1874

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