Gale v. Birmingham

This is an action on a promissory note, and the defense is usury. The plaintiff claims to be an innocent purchaser, for value, before maturity, in the usual course of business. Defendants had a verdict, the court granted a new trial, and they appeal. One of the grounds of the motion for a new trial is error at law occurring on the trial. '

To dispose of the case, it is only necessary to consider the one question which the court below considered in its memorandum attached to the order granting a new trial. The court charged the jury as follows: “I charge you that, to prove the character of a…