Brown v. Maulsby

Suit upon a note, as follows:

“December 31, 1860. ^

^ “Eight days after date, for value received, we, or either of us, promise to pay Isaac Brown the sum of two hundred and sixteen dollars and twenty-seven cents, if paid when due; if not, we agree to forfeit and pay twenty per cent, damages for disappointment; waiving valuation and appraisement laws. “J. B. Maulsby,

“Jacob Clapper.”

The defendant answered, that there was no consideration for the twenty per cent, damages; and that they were usury.

The plaintiff replied in general denial of the answer.

On the trial, the note was all the evidence…