Albeitz v. d'Arcambol

This was a suit brought by appellee against appellant, on August 28, 1901, before a justice of the peace, to recover certain money claimed by appellee to have been paid by him to appellant, to be applied to the payment of certain notes, but which he charges appellant failed to so apply.

In the Circuit Court, to which the case was taken by appeal, appellee gave appellant notice that he would plead usury to any money that might have been applied to the payment of illegal interest. The trial was by the court without a jury, appellant and appellee being the only witnesses, and there was a judgment…