Cox v. Flagler

McAdam, Ch. J.

Whatever the understanding was the night before, the loan made was - not usurious. The plaintiff loaned $300 on the note in suit for that amount. No interest was reserved or taken, and the agreement as executed is free from any vice. The intention, expressed the night before making the loan, to charge $25 bonus, was not executed, nor was there any attempt at its consummation. Usury is a crime ; but a mere intention, not followed by execution or attempt at consummation, does not constitute crime (5 Cranch, 312). The fact that illegal interest was neither reserved or taken or even…