Hill v. Scott
U.S. Circuit Court for the District of District of Columbia
Assumpsit against the drawer of sundry checks, payable to bearer, amounting altogether to $465, purchased by the plaintiff for $265, of a broker. These checks were lent by the defendant to W. B. Hart, to ejnable him to raise money upon them for his accommodation.
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Assumpsit against the drawer of sundry checks, payable to bearer, amounting altogether to $465, purchased by the plaintiff for $265, of a broker. These checks were lent by the defendant to W. B. Hart, to ejnable him to raise money upon them for his accommodation. The defendant, having given Hart a release, called him as a witness. objected to Hart as a witness, because, although his name is not upon the paper, yet he has passed it away, and upon principles of public policy ought not to be permitted to discredit the negotiable paper to which he had given currency, and to testify to his own…
1Opinion of the Court
The Court
(Cranch, C. J.,
not giving any opinion) refused to give the instruction.
Mr Brent, then contended that by the law of Pennsylvania, to constitute usury, there must be a loan. See the Pennsylvania Act of 1823, Digest, p. 369. The act is only penal. The usury does not invalidate the contract against a stranger, without notice. Fleckner v. Bank of the United States, 8 Wheat. 354; Turner v. *524Calvert, 12 Serg. & Rawle, 46; Wycoff v. Longhead, 2 Dall. 92; Musgrove v. Gibbs, 1 Id. 217.
The Court was of opinion, that if tbe jury should find the law of Pennsylvania to be as in the statute of 1823,…
2Cases cited4 opinions
- Fleckner v. President of the Bank of the United StatesSupreme Court of the United States · 1823
- Woodhull v. HolmesNew York Supreme Court · 1813
- Wycoff v. LongheadSupreme Court of the United States · 1785
- Turner v. CalvertSupreme Court of Pennsylvania · 1824