Legal Opinion

Upson v. Austin

Supreme Court of Alabama

Decided June 15, 1842PublishedCited by 1 opinion

Whit of Error to the Circuit Court of Perry county. Action of debt qui tarn to recover á penalty under the act to regulate the rate of interest. The declaration has two counts; the first of which charges the taking, accepting and receiving of seven hundred and fifty dollars for the loan of three thousand dollars, from the 20th April, 1S39, to the 1st April, 1840, by reason of a corrupt contract between the defendant and one Samuel Child.

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Whit of Error to the Circuit Court of Perry county. Action of debt qui tarn to recover á penalty under the act to regulate the rate of interest. The declaration has two counts; the first of which charges the taking, accepting and receiving of seven hundred and fifty dollars for the loan of three thousand dollars, from the 20th April, 1S39, to the 1st April, 1840, by reason of a corrupt contract between the defendant and one Samuel Child. The second count alledges the taking, accepting and receiving the unlawful interest by taking the note of the borrower for three thousand seven hundred and…

1Opinion of the CourtGoldthwaite, J.

1. The present action is founded on the 2d section of the act of 1819, entitled an act to regulate the rate of interest, which is in these words:

“ Every person who, upon any contract, shall take, accept, or receive, by way or means of any corrupt bargain, loan, exchange or shift of any money, goods, wares, merchandize, commodities, or bonds or notes, or other thing whatsoever, above the rate of eight dollars for the forbearance or giving day of payment of one hundred dollars for one year, and so after that rate for a greater or less sum, or for a longer or shorter time, and so after that rate…

2Cited by1 opinion

  1. Nunn v. MillsSupreme Court of Alabama · 1856

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