De Forest v. Strong
Supreme Court of Connecticut
This was an action of assumpsit founded on a guaranty, given by the defendant to the plaintiffs, commission merchants in New-York, to secure them for advances, which they might make to and for the benefit of Miles, Strong & Miles, who were traders in the country.
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This was an action of assumpsit founded on a guaranty, given by the defendant to the plaintiffs, commission merchants in New-York, to secure them for advances, which they might make to and for the benefit of Miles, Strong & Miles, who were traders in the country. The cause was tried at New-Haven, January term, 1831, before Bissell, J. The plaintiffs, having given in evidence a written guaranty, signed by the defendant, dated the 30th of October, 1817, exhibited their account with Miles, Strong & Miles, in which the plaintiffs had charged them with advances, made at various times from the date…
1Opinion of the CourtBissell, J.
It was claimed, in the court below, that a part of the transactions between the plaintiffs, and Miles, Strong & Miles, were usurious. This claim regards the charge of 2 1-2 per cent. commissions, for meeting and taking up the drafts, on which the plaintiffs were liable as acceptors, but which it was the duty of Miles, Strong & Miles to pay. It was left to the
*519jury to decide, whether this transaction was a mere cover for a usurious loan of money, or whether it was intended, by the parties, as a fair compensation to the plaintiffs, for their trouble in providing for and meeting these acceptances.
2Cases cited3 opinions
- Willey v. PaulkSupreme Court of Connecticut · 1825
- Kent v. PhelpsSupreme Court of Connecticut · 1807
- Bissell v. EdwardsSupreme Court of Connecticut · 1811
3Cited by11 opinions
- Chakales v. DjiovanidesSupreme Court of Virginia · 1933
- Beckwith v. Windsor Manufacturing Co.Supreme Court of Connecticut · 1842
- Brown v. HarrisonSupreme Court of Alabama · 1850
- Anderson v. ShafferCalifornia Court of Appeal · 1929
- Fish v. SawyerSupreme Court of Connecticut · 1836
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