Browning v. Thompson
Court of Appeals of Kentucky
ERROR TO MASON CIRCUIT. Ord. Pbt. Case 14. Case stated 1. The law regards all agreementsmade by a debtdr not to olaim/nsnry which he has agreed to pay, whether in the form of a release or by direct promise, as made under the coercion of the creditor, as shifts and devices to evade the statute, and they are inefr fectual to bar the right to insist upon the usury. 2. A release of claim to usury by debtor to creditor, is only a release of the legal right to object to the…
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ERROR TO MASON CIRCUIT. Ord. Pbt. Case 14. Case stated 1. The law regards all agreementsmade by a debtdr not to olaim/nsnry which he has agreed to pay, whether in the form of a release or by direct promise, as made under the coercion of the creditor, as shifts and devices to evade the statute, and they are inefr fectual to bar the right to insist upon the usury. 2. A release of claim to usury by debtor to creditor, is only a release of the legal right to object to the payment of the usury; or in other words, an agreement, in different language, that he will pay the usury according to…
1Opinion of the Court
Judge Simpson
delivered the opinion of the court.
This was an action by ordinary proceedings on a promissory note for the payment of three hundred and eighteen dollars, forty-one cents, due the 24th of December, 1850.
The defendant, in his answer to the plaintiff’s petition, stated, that for many years previous to the date of the note sued on, he had been largely indebted to the plaintiff; that by the agreement of the parties, he was to pay usurious interest on the debt; that the note for the debt was renewed from time to time, including at each renewal a large amount of usury; that he had made…
2Cited by1 opinion
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