Lloyd v. Keach
Supreme Court of Connecticut
THIS was an action on a promissory noto. The plaintiff sued as indorsee. The cause was tried at Hartford, February term 1817, before Trúmbull, Hosmer and Gould, Js. The note was given in the course of business, by the defendant, to Samuel Pettes, being payable to him,or order,at the Hartford bank; and was, by Pettes, indorsed to the plaintiff.
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THIS was an action on a promissory noto. The plaintiff sued as indorsee. The cause was tried at Hartford, February term 1817, before Trúmbull, Hosmer and Gould, Js. The note was given in the course of business, by the defendant, to Samuel Pettes, being payable to him,or order,at the Hartford bank; and was, by Pettes, indorsed to the plaintiff. The defendant introduced evidence to prove, that the note was sold by Pettes to the plaintiff; and that upon such sale, there was taken and reserved by the plaintiff, more titan at the rate of six per rent, per annum. The plaintiff, on his part,…
1Opinion of the Court
Swift, Ch. J.
The question presented by this motion, is, whether the sale of a promissory note, accompanied with the indorsement of the seller, with a warranty of the ability of the maker to pay it, is, in all cases, usurious.
It has been said, that the charge was made with reference to the particular circumstances of the case, and if not correct as a general proposition, it would be correct as applicable to this case. But the circumstances are not detailed in the motion. It appears, that the plaintiff claimed to be a purchaser of the note. No facts are disclosed to shew it was a pretended…
2Cases cited4 opinions
- Churchill v. SuterMassachusetts Supreme Judicial Court · 1808
- Wycoff v. LongheadSupreme Court of the United States · 1785
- Musgrove v. GibbsSupreme Court of the United States · 1787
- Kent v. PhelpsSupreme Court of Connecticut · 1807
3Cited by13 opinions
- Milana v. Credit Discount Co.California Supreme Court · 1945
- Saltmarsh v. TuthillSupreme Court of Alabama · 1848
- Simers v. SaltusNew York Supreme Court · 1846
- State v. ShippeySupreme Court of Minnesota · 1865
- O. A. Graybeal Co. v. CookCalifornia Court of Appeal · 1931
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