Young v. Miller
Court of Appeals of Kentucky
Error to the Bourbon Circuit. ClMNCKRY. Case 13 T.- Case stated-. A debtor may purchase debts due from his creditor to others at a greater discount than legal interest and demand a set-off to the bill amount with legal interest. ' — Creditor may pay off his own note before due, diácountingmore than legal interest, and it will not be usurious, unless done with a view and intent to evade the laws sgainst usury. —But if a purchaser of a note charge the payee after the note…
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Error to the Bourbon Circuit. ClMNCKRY. Case 13 T.- Case stated-. A debtor may purchase debts due from his creditor to others at a greater discount than legal interest and demand a set-off to the bill amount with legal interest. ' — Creditor may pay off his own note before due, diácountingmore than legal interest, and it will not be usurious, unless done with a view and intent to evade the laws sgainst usury. —But if a purchaser of a note charge the payee after the note becomes due, a greater rate of interest than 6 per cent, and it be paid whether in money, his own notes, the note of a…
1Opinion of the CourtChief Justice Marshall
delivered tlie opinion of the Court. —
Judge Simpson did not sit in this case.
This bill was filed to recover usury alledged to have been paid by Young to Miller in various transactions. Neither of the parties appear to be entirely accurate in his statement of the facts. But as gathered from the. pleadings and the testimony of the only witness who deposes, and who seems to have made the calculations at the request and in the presence of the parties, and has appended to his deposition the written statement and calculation by which they settled, the case is in substance as follows:- In the year…
2Cited by4 opinions
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- Brackett's Admr. v. Boreing's Admr.Court of Appeals of Kentucky · 1908
- Lick v. MaddenCalifornia Supreme Court · 1864
- Becker v. Crabb's Trustee in BankruptcyCourt of Appeals of Kentucky (pre-1976) · 1929