Tyson v. Rickard
Court of Appeals of Maryland
Ái'i'BAi. from Baltimore County Court. This was an action of replevin, brought by the appellee against the appellant. The defendant below, by bis avowry justified the faking the. goods, &c. being for one years rent in arrear, amounting to 8393 75, of a loi of «round leased by him to William Belton.
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Ái'i'BAi. from Baltimore County Court. This was an action of replevin, brought by the appellee against the appellant. The defendant below, by bis avowry justified the faking the. goods, &c. being for one years rent in arrear, amounting to 8393 75, of a loi of «round leased by him to William Belton. Three pleas were pleaded to the avowry by the plaintiff, the first and second, of the statute of usury, and the third, in bar de injuria sva propria; io all which pleas there were replication?, each tendering an issue, but to the replication to the last pie? only, issue was joined, and upon that…
1Opinion of the CourtBuchanan, J.
I perfectly agree in opinion, on both of the bills of exceptions, with the judges before whom this cause was tried in the court below.
On a question of usury it is the view, the intention of the parties, which gives character to the transaction, and no matter what the form, where the real truth and substance *114is a loan of money — a lending on one side, and a borrow» ing on the other, at more than an interest of six per centum per annum-, no shift or device can take it out of the act of assembly.
In the investigation ofsiich questions the original intention of the parties must often be come at by…
2Cited by11 opinions
- Carozza v. Federal Finance & Credit Co.Court of Appeals of Maryland · 1925
- Montague v. SewellCourt of Appeals of Maryland · 1882
- Bailey v. PoeCourt of Appeals of Maryland · 1923
- Belt v. MarriottCourt of Appeals of Maryland · 1850
- Soper v. JonesCourt of Appeals of Maryland · 1881
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