Codd v. . Rathbone

No reply to the defendant's answer, setting up the defence of usury, was necessary, the action having been commenced after the amendments of the Code in 1852 took effect.

The payment of the defendant's checks, drawn for Western and Canada currency, by the plaintiff, in such currency, was not a violation of the statute against usury. No agreement whatever between the parties in relation to these checks is found by the referee. The facts found are, that the defendant drew the checks payable in Western and Canada bank bills; and that they were so paid by the plaintiff; and that such bills,…