Legal Opinion

Hawkins v. National Life Insurance

Supreme Court of Vermont

Decided January 15, 1885PublishedCited by 1 opinion

Assumpsit in common counts for usury. Trial by jury, June Term, 1884, Royce, Ch. J., presiding. Judgment for plaintiff to recover $471.67. The plaintiff introduced in evidence a promissory note for the sum of $5,000 executed by him to the defendant, dated September 23, 1875, payable in three years from date with annual interest. The defendant admitted $300 of $5,000 note was usury, and paid into court enough to cover this, the interest, and cost.

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Assumpsit in common counts for usury. Trial by jury, June Term, 1884, Royce, Ch. J., presiding. Judgment for plaintiff to recover $471.67. The plaintiff introduced in evidence a promissory note for the sum of $5,000 executed by him to the defendant, dated September 23, 1875, payable in three years from date with annual interest. The defendant admitted $300 of $5,000 note was usury, and paid into court enough to cover this, the interest, and cost. It was agreed that if the plaintiff was entitled to recover only upon the admitted portion of his claim, the verdict should be for $471.67, and that…

1Opinion of the Court

The opinion of the court was delivered by

Taft, J.

When the plaintiff’s evidence was in, the defendant offered none, and declined to go to the jury upon any of the facts in controversy. The plaintiff therefore had the right to have taken as proven all that his evidence had a tendency to establish. Hamblet v. Bliss, 55 Vt. 535. We think the testimony of the plaintiff tended to show that the' arrangement of the 19th of July, 1877, was in substance a trade between the plaintiff and defendant, and in effect an *596extension of the loan originally made the plaintiff; and that the bonuses were paid by…

2Cases cited1 opinion

  1. Hamblet v. BlissSupreme Court of Vermont · 1883

3Cited by1 opinion

  1. Hathaway v. HaganSupreme Court of Vermont · 1886

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