Fox v. Taliaferro
Supreme Court of Virginia
James B. Taliaferro filed his bill in the Superior Court of Chancery for the Williamsburg District, stating Thomas B. Fox, previous to the 17th of May 1803, had become entitled by assignment to three bonds of his, which were payable on.the same day, and carried interest from the 12th day of September 1802; one for 8/. 14s. 0d., one for 110/., and the other for 112/. ; that on the 17th May 1803, the said Fox was pressing him for payment, and, as he could not raise the money,…
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James B. Taliaferro filed his bill in the Superior Court of Chancery for the Williamsburg District, stating Thomas B. Fox, previous to the 17th of May 1803, had become entitled by assignment to three bonds of his, which were payable on.the same day, and carried interest from the 12th day of September 1802; one for 8/. 14s. 0d., one for 110/., and the other for 112/. ; that on the 17th May 1803, the said Fox was pressing him for payment, and, as he could not raise the money, proposed to indulge him till January 1804, if he would give him his bond for 45/., which was the amount of interest to…
1Opinion of the Court
Judge Roane
prohounced the court’s opinion.
The court, considering that, although the bond, on which the judgment and forthcoming bond injoined in this case were founded, was, in its origin, free from objection, yet, an usurious contract of forbearance of the money due thereby havin g been engrafted thereupon, it was competent for the appellee, coming to be relieved as to the usurious interest, to obtain such relief, as against Thomas B. Fox, the original party to the contract, either by cancelling the bond given for the said usurious interest, or giving him credit for the amount of the same…
2Cited by7 opinions
- Reger v. O'NealWest Virginia Supreme Court · 1889
- Pate v. M'ClureCourt of Appeals of Virginia · 1826
- Braxton, adm'r v. Harrison's ex'orsSupreme Court of Virginia · 1854
- Pate v. M'ClureSupreme Court of Virginia · 1826
- Braxton, adm'r v. Harrison's ex'orsSupreme Court of Virginia · 1854
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