Lloyd v. Scott
U.S. Circuit Court for the District of District of Columbia
Replevin. The defendant, Scott, -makes cognizance as bailiff of W. S. Moore, and justifies the taking as a distress for $250 rent due under the following grant of an annuity or rent, namely : “ This indenture, made this eleventh day of June, in the year one thousand eight hundred and fourteen, between Jonathan Scholfield and Eleanor his wife, of the town of Alexandria, and District of Columbia, of the one part, and William S. Moore of the same town, of the other part,…
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Replevin. The defendant, Scott, -makes cognizance as bailiff of W. S. Moore, and justifies the taking as a distress for $250 rent due under the following grant of an annuity or rent, namely : “ This indenture, made this eleventh day of June, in the year one thousand eight hundred and fourteen, between Jonathan Scholfield and Eleanor his wife, of the town of Alexandria, and District of Columbia, of the one part, and William S. Moore of the same town, of the other part, witnesses, That the said Jonathan Scholfield and Eleanor his wife, in consideration of the sum of five thousand dollars to the…
1Opinion of the CourtCranch, C. J.
To this avowry the plaintiff demurred, and insisted that the transaction was usurious upon the face of the deed..
That the Court may decide an instrument or contract to be usurious upon its face is not denied, but then the Court cannot look to any thing out of the instrument.
It is contended that this contract was substantially a loan, and to this effect the following cases were cited:
1. Roberts v. Trenayne, Cro. Jac. 507. That case was trespass quare clausum fregit, against the grantee of a rent-charge for entering for non-payment of the rent. But there the jury expressly found it to be a loan…
2Cases cited9 opinions
- Lloyd v. ScottSupreme Court of the United States · 1830
- Parker v. DacresWashington Supreme Court · 1890
- Bogle v. SullivantCourt of Appeals of Virginia · 1799
- Barnewall v. ChurchNew York Supreme Court · 1803
- Hurley v. Jeffersonville, Madison & Indianapolis RailroadIndiana Superior Court · 1873
4 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- United States v. RobinsonDistrict Court, District of Columbia · 1947
- Art-Metal-USA, Inc. v. SolomonDistrict Court, District of Columbia · 1978
- Vela v. ShacklettTexas Commission of Appeals · 1929