Wood v. Stoddard
New York Supreme Court
In error on certiorari. The plaintiff below brought an action to recover of the defendant below, a sum received by him for excessive interest, under the act for preventing usury, one moiety of which is directed to go to the use of the poor of the town where the offence is committed, and the .other moiety to the person prosecuting.* The cause was tried in the town of Scipio, where the usurious sum was received. The constable and jury were inhabitants of the same town.
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In error on certiorari. The plaintiff below brought an action to recover of the defendant below, a sum received by him for excessive interest, under the act for preventing usury, one moiety of which is directed to go to the use of the poor of the town where the offence is committed, and the .other moiety to the person prosecuting.* The cause was tried in the town of Scipio, where the usurious sum was received. The constable and jury were inhabitants of the same town. The defendant below, challenged all the jurors as being interested. The justice, before whom the cause was tried, overruled the…
1Per curiam
The relaxation of the rule, as to questions of interest, has never been extended to jurors. They must be omni exceptione mayores ; free from every objection, and wholly disinterested. The judgment be- . low must be reversed.
Judgment reversed.
2Cited by13 opinions
- United States v. WoodSupreme Court of the United States · 1936
- City of Dallas v. PeacockTexas Supreme Court · 1895
- Mayor of Columbus v. GoetchiusSupreme Court of Georgia · 1849
- City of Guthrie v. ShafferSupreme Court of Oklahoma · 1898
- Burdine v. Grand Lodge of AlabamaSupreme Court of Alabama · 1861
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