Palmer v. Marshall

This was an action of assumpsit, brought by appellant, in the Knox circuit court, agáinst appellee, on a promissory note given in the State of California, by the latter to the former, on the 17th of March, 1860, for $356, with interest at the rate of four -per cent per month, and due in three- months from date, payable to H. 'J. Fleming, and indorsed by him to appellant.

The declaration contained a special and the usual common counts. The defendant filed the general issue and four special pleas. The first of these was a plea of usury, and avers that, being in want of money, .he applied to the…