Wright v. Elliott
Supreme Court of Alabama
This suit, together with another similar one, was instituted before a justice of the peace in Tuscaloosa, by P< p_ Wright, to recover on a note for $34, made by Enoch Elliott and W. J. Minter ; and by certiorari the case was brought into the Circuit Court, in which the plea of usury was filed.
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This suit, together with another similar one, was instituted before a justice of the peace in Tuscaloosa, by P< p_ Wright, to recover on a note for $34, made by Enoch Elliott and W. J. Minter ; and by certiorari the case was brought into the Circuit Court, in which the plea of usury was filed. On the trial (the causes being tried together) a bill of exceptions was taken as follows: “ Be it remembered that these two cases were by consent submitted to the same jury; and on the trial it appeared that the plaintiff as a constable, held in his hands three executions against the sou of the…
1Opinion of the Court
Bv JUDGE TAYLOR.
Two points are made by the plaintiff in error, either of which if sustained, would reverse the judgement.
1st. That this is not such a contract as is embraced by the statute against usury, and 2nd. That if it is such a contract as the statute embraces, the charge of the Judge is too broad.
The first point was subdivided by the plaintiff into two, viz: that thenote was not given for the loan of money, &c. and therefore not within the statute, 2nd. There was no mutual agreement that the one should pay, and the other receive more than legal interest; therefore the plaintiff could…
2Cited by1 opinion
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