Baxter v. Wales
Massachusetts Supreme Judicial Court
Assumpsit on three several promises in writing, made by the de^ ■fendant to the testator of the plaintiffs, Thomas Baxter, deceased.
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Assumpsit on three several promises in writing, made by the de^ ■fendant to the testator of the plaintiffs, Thomas Baxter, deceased. At the trial, which was had before the late Judge Dewey, at the sittings here after the last October term, no question arose on the first of the three promises, which was for a small sum of money on demand with interest. * The other two promises were each for the delivery of [*366 J a milch cow and calf, at the end of one year from the dates respectively, with six dollars in cash, and, if not then delivered, six dollars a year yearly until delivered. It…
1Per curiam
The statute, prohibiting usurious contracts,(1) has a proviso which exempts from the operation of it “ the letting of cattle, or other usages of the like nature in practice among farmers, maritime contracts,” &c. ' The notes in question, in this case, come within the exception of the statute, and are not usurious.
There have been different usages respecting the letting of cattle. Some contracts are, to return double the value in a certain number of years, and others to pay a certain sum for the use of them. There *320is, perhaps, no settled and uniform usage, to which the statute may be supposed…
2Cited by13 opinions
- Hume v. United StatesSupreme Court of the United States · 1889
- Mandel v. LiebmanNew York Court of Appeals · 1951
- Wolford v. PowersIndiana Supreme Court · 1882
- De La Torre v. CashCall, Inc.California Supreme Court · 2018
- Lamprey v. MasonMassachusetts Supreme Judicial Court · 1889
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