Bacon v. Norton
Supreme Court of Connecticut
MOTION for a new trial. This was an action on the case, brought by Bacon againsS Norton and Hills. The cause was tried before the Superior Court, upon the plea of not guilty ; and a verdict was returned for the defendants.
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MOTION for a new trial. This was an action on the case, brought by Bacon againsS Norton and Hills. The cause was tried before the Superior Court, upon the plea of not guilty ; and a verdict was returned for the defendants. The declaration stated, that the plaintiff owned and possessed a certain promissory note, executed hy the defendants to Alvin Case and Alexander Case, for the sum of one thousand three hundred and seventy dollars, dated the 13th day of January, 1804, and payable within two years, with interest ; that on or about the 25 th day of i\ 'nruary, 1808, the plaintiff gave notice…
1Opinion of the Court
ixcoisou,, J.
(After stating the case.) The question now is, whether a new mat ought to be granted i My opinion is, that there ought to bo no new tria!. Without taking into consideration, bow the case would stand, if the note had not been executed upon an usurious consideration, yd, as it was so executed, I am very clear, that the action is misconceived. It is a point now perfectly settled, that a note, the consideration of which is usurious, may not only be avoided by the promissor, while in the bands of the promissee, but also, (if negotiable,) in the hands of any indorsee. This is on the…
2Cited by3 opinions
- Porter v. SeeleySupreme Court of Connecticut · 1840
- Hine v. RobbinsSupreme Court of Connecticut · 1831
- Newell v. HoadleySupreme Court of Connecticut · 1831