McClelland v. Mitchell

This was a suit brought by Mitchell against six makers of a promissory note for $3000, given December 20,1869, and payable on or before December 20,1870, with ten per cent per annum interest, upon which were indorsed sundry credits.

The defendants pleaded usury, setting up that the note in suit was given in place of a previous note given to Mitchell by three of the defendants on the 1st of September, 1868; that in the first note there was reserved interest at the rate of fifteen per cent per annum, and that the second note was a mere continuation of that original transaction.

The case was…