Lowell v. Johnson
Supreme Judicial Court of Maine
Exceptions from the Court of Common Pleas, Whitman C. J. presiding. The suit was brought on a promissory note dated Dec. 9, 1831, given by the defendant to one Dennis Johnson, and by him indorsed to -the intestate, John Lowell, deceased, for the sum of $220 payable in one year with interest. There was a special count on the note in the declaration and the money counts. Besides the general issue, there was a brief statement alleging that the note was void for usury.
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Exceptions from the Court of Common Pleas, Whitman C. J. presiding. The suit was brought on a promissory note dated Dec. 9, 1831, given by the defendant to one Dennis Johnson, and by him indorsed to -the intestate, John Lowell, deceased, for the sum of $220 payable in one year with interest. There was a special count on the note in the declaration and the money counts. Besides the general issue, there was a brief statement alleging that the note was void for usury. The facts in the case, and the ruling of the Judge of the Court of Common Pleas, appear in the opinion of the Court. 1. That the…
1Opinion of the Court
The opinion of the Court was drawn up by
Shepley J.
This case comes before the Court by a bill of exceptions, taken to the instructions given to the jury, on trial of the action in the Court of Common Pleas.
The first direction of the Court excepted to is, “ that if the jury should believe and find the fact as testified to by the witness, it would render the note usurious.”
It is contended for the plaintiff, that the first note was not usurious, the contract being pure in its original inception; and the usury, if any, was in the transfer of the note. The law in relation to con*242tracts of this…
2Cases cited5 opinions
- Churchill v. SuterMassachusetts Supreme Judicial Court · 1808
- Johnson v. JohnsonMassachusetts Supreme Judicial Court · 1814
- Bearce v. BarstowMassachusetts Supreme Judicial Court · 1812
- Chadbourn v. WattsMassachusetts Supreme Judicial Court · 1813
- Gardner v. FlaggMassachusetts Supreme Judicial Court · 1811
3Cited by1 opinion
- Ambler v. RuddellSupreme Court of Arkansas · 1856