Chamberlain v. M'Clurg
Supreme Court of Pennsylvania
ERROR to the District Court of Allegheny county. William Chamberlain against Alexander M’Clurg. Scire facias sur Mortgages.
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ERROR to the District Court of Allegheny county. William Chamberlain against Alexander M’Clurg. Scire facias sur Mortgages. Two suits tried together: the first upon a mortgage for $15,000, the other for $5000. These mortgages had their consideration in the following agreement between the parties: Agreement made the 28th day of April 1837 between William Chamberlain and Alexander M’Clurg, as follows: Whereas the said WilliamChamberlain hath assigned to said Alexander M’Clurg William Fryer’s bonds and mortgage for $12,500, with interest; William G. Alexander’s bond and mortgage for $8666.67,…
1Opinion of the Court
The opinion of the Court was delivered by
Rogers, J.
Whether the contract was usurious is a question of fact that was properly referred to the jury under instruction from the court, to which no exception can with justice be taken. Considering, therefore, as we must do after the verdict of the jury, that the original agreement is usurious, it becomes necessary to examine the effect of the agreement of the 9th March 1840. The principal grounds of defence consist of. two distinct items, viz: $2235, the amount alleged to be usurious, and a bond and mortgage of Bullick and Tracy for $2000, which…
2Cases cited1 opinion
- Duncan v. M'CulloughSupreme Court of Pennsylvania · 1818
3Cited by11 opinions
- Brockley v. BrockleySupreme Court of Pennsylvania · 1888
- Moll v. LaffertySupreme Court of Pennsylvania · 1930
- Simpson v. Penn Discount Corp.Supreme Court of Pennsylvania · 1939
- Negley v. LindsaySupreme Court of Pennsylvania · 1871
- Wray v. Sumerset Oil Co.Supreme Court of Oklahoma · 1923
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