Faris v. King
Supreme Court of Alabama
Debt in the Circuit Court of Shelby county, Edmund King against James W. Faris and Edward Powell, on their bill single, for S500, dated 22nd April, 1824, payable to Isaac Johnson, 1st January, 1825, and by him assigned to the plaintiff. The defendants plead several pleas, all in' effect, averring, that the note was given in consideration of $400, lent by King to Faris, and in violation of the statute to regulate the rate of interest.
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Debt in the Circuit Court of Shelby county, Edmund King against James W. Faris and Edward Powell, on their bill single, for S500, dated 22nd April, 1824, payable to Isaac Johnson, 1st January, 1825, and by him assigned to the plaintiff. The defendants plead several pleas, all in' effect, averring, that the note was given in consideration of $400, lent by King to Faris, and in violation of the statute to regulate the rate of interest. Issues being taken on the pleas, the defendant, Faris, on the trial, offered to prove by his own evidence, that he applied to King to lend him $400, and offered…
1Opinion of the Court
JUDGE SAFFOLD
delivered the opinion of the majority of the Court.
The question presented by the bill of exceptions is, does the affidavit of the plaintiff in the action amount to a denial of what the defendants offered to swear against him ?
By the fifth section of the act of 1819, “to regulate the rate of interest,” a it is enacted “ that in all cases whatsoever, when any suit or action shall be brought in any court of record in this State, touching or concerning any usurious bond,” &c. the borrower or party to such usurious bond, &c. shall be a good and sufficient witness to give evidence of…
2Cases cited1 opinion
- Munn v. President & Directors of Commission Co.New York Supreme Court · 1818
3Cited by2 opinions
- Metcalf v. WatkinsSupreme Court of Alabama · 1834
- Jewett v. BowmanNew Jersey Court of Chancery · 1878