Hammond v. Buys

By the Court

Warner, Judge.

As the facts in this case do not appear in the record, it is impossible for us to ascertain on what statement of facts the court below predicated its charge to the jury. If the note sued on was given by way of renewing and continuing the original contract for a usurious loan, then, the mere change of securities would not purge it of the usury.

But, if Jordan was about to pay up note to the defendant in error ; and the plaintiff in error, for the purpose of using the money l'or his own benefit, went and borrowed it of the defendant, Buys, while In the hands of Jordan ;…