Pilsbury v. McNally
Supreme Court of Arkansas
Appeal from Jefferson Circuit Court. Hon. John C. Murray, Circuit Judge. To avail of usury in the contract, as a defence, it must be specifically pleaded.with an affidavit. 4 Ark. 44, 410 ; 2 Eng. 146. Usury may be taken advantage of by way of récoupment of damages. 12 Ark 699 ; 1 Slew, fy Port. 71 ; 9 How. U. S. R. 226.
1Opinion of the CourtJustice Compton
The action in this case was founded on a promissory note for the payment of $362.
As a defence, the defendant pleaded nil debet, and gave notice that the account current between him and the plaintiff, for a balance on which the note was given, contained an item “ wrongfully charged ” against the defendant as interest, and that in consequence of such wrongful charge, he would at the trial claim the right to recoup the debt and damages alleged in the declaration, and that to that end — the cause being submitted by consent to the court for trial, sitting without ajury — the defendant, against the…
2Cited by2 opinions
- Barry-Wehmiller Machinery Co. v. ThompsonSupreme Court of Arkansas · 1907
- Langridge v. CobbsSupreme Court of Arkansas · 1861