Inhabitants of Reading v. Inhabitants of Weston
Supreme Court of Connecticut
A new trial having been granted, pursuant to the determina-^on 0f ⅛⅛ Court, ante 143, 149., the cause was tried again, at Danbury, September term, 1828, before Peters, J. On this trial, as on the former, the case turned on the settlement of Lucy Darling.
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A new trial having been granted, pursuant to the determina-^on 0f ⅛⅛ Court, ante 143, 149., the cause was tried again, at Danbury, September term, 1828, before Peters, J. On this trial, as on the former, the case turned on the settlement of Lucy Darling. The absolute deed from Joseph Burr to her, dated the 19th of March, 1808, of a tract of land in Reading, of the value of 800 dollars, and the writing which she immediately gave back to him, as stated in the case made on the former trial, appeared in evidence. It appeared, also, that she immediately removed into the town of Reading, and there…
1Opinion of the Court
Hosmer, Ch. J.
The first objection made assumes the broad ground, that as between the parties to the deed, usury is an inadmissible plea, because the deed is absolute.
Considering it as absolute, (whether it be so or not) I am of opinion, that the testimony was admissible as between the’parties ito the deed, notwithstanding the determination in Flint v. Sheldon, 13 Mass. Rep. 443. in a neighbouring state, to which I cannot subscribe.
The words of the statute prohibiting usury are very broad. *413The law invalidates not only “ all bonds and contracts” made for the payment of usury, but “ all…
2Cases cited3 opinions
- Flint v. SheldonMassachusetts Supreme Judicial Court · 1816
- Bearce v. BarstowMassachusetts Supreme Judicial Court · 1812
- Mitchell v. PrestonSupreme Court of Connecticut · 1811
3Cited by23 opinions
- The Oneida Bank v. . the Ontario BankNew York Court of Appeals · 1860
- Sands v. . ChurchNew York Court of Appeals · 1852
- Matthews v. OrmerdCalifornia Supreme Court · 1903
- Clark v. SpencerSupreme Court of Kansas · 1875
- Baggish v. OffengandSupreme Court of Connecticut · 1922
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