Fulcher v. Baker
Supreme Court of Virginia
Alexander Fulcher exhibited his bill in the superiour court of chancery of Richmond, against Baker and Bell, setting forth, that he had given his note for 200 dollars to Baker, and that the note was tainted with exorbitant usury, Baker having extorted from him, from time to time, on successive renewals of the note, a premium for forbearance, at the rate of “ two and a half or three per cent, per month, he did not recollect which;” and that Baker had assigned this usurious…
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Alexander Fulcher exhibited his bill in the superiour court of chancery of Richmond, against Baker and Bell, setting forth, that he had given his note for 200 dollars to Baker, and that the note was tainted with exorbitant usury, Baker having extorted from him, from time to time, on successive renewals of the note, a premium for forbearance, at the rate of “ two and a half or three per cent, per month, he did not recollect which;” and that Baker had assigned this usurious note to Bell, who had instituted a suit upon it, which he had prosecuted to a judgment on a forthcoming bond. The bill…
1Per curiam
Decree reversed, and cause remanded to the court of chancery for further proceedings to be had therein, in which the appellant Fulcher, in the absence of other proof than that now in the record, should be credited with two and a half per cent, per month (alleged in his bill to have been paid by him, on the renewal of the notes) from the date of the first note to the date of the note on which the judgment enjoined was rendered, and that the injunction should be made perpetual as to that sum, and dissolved as to the balance if any balance should remain.
2Cited by2 opinions
- Branch Bank at Mobile v. StrotherSupreme Court of Alabama · 1848
- Coleman v. StoneSupreme Court of Virginia · 1888