Ellis v. Brannin's ex'ors

delivered the ohmios op the court :

By the facts agreed in this case it is admitted that the payments of usurious interest on the two notes on which Ellis seeks to recover against the executors of the obligor, Brannin, amount to the sum of $153, and were made by Brannin in his lifetime; more than twelve months prior to the demand on the executors or the commencement of this proceeding to recover the amount of said notes. And the only question to be decided is, whether the executors are entitled to an abatement for the usurious interest so paid.

The plaintiff relies upon the act of 1862 to amend…