Hubbell v. Gale
Supreme Court of Vermont
This was an action of assumpsit, in which the plaintiff declared’ against the defendant for money had and received by him to the plaintiff’s use.
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This was an action of assumpsit, in which the plaintiff declared’ against the defendant for money had and received by him to the plaintiff’s use. From the particulars of the plaintiff’s demand filed in writing, and from the proof offered in the case, it appeared that the plaimifi’s action was founded on the second section of the act to prevent usury, and was brought to recover the sutn of $h‘i, received by the defendant of one Zadock Wheeler " J 4 contrary to the act,.and for which Wheeler had not sued within one year thereafter. The county court, without going into the merits, dismissed the…
1Opinion of the Court
Prentiss, C. J.,
delivered the opinion of the court. — By the act to prevent usury, it is declared, that the person, from whom usurious interest shall be taken, shall be at liberty, at any lime within one year thereafter, to sue for and recover back the money paid, or the value of the goods or other thing delivered, above *270{{jg ra(Q prescribed, in an action of assumpsit, declaring for mon-ay had and received, or goods sold and delivered, as the case may ke and on his neglect to sue and prosecute with effect, it is made lawful for any other person, within one year after such neglect, by any such…
2Cited by14 opinions
- Wellman v. MeadSupreme Court of Vermont · 1919
- Guild v. PrentisSupreme Court of Vermont · 1910
- Blaine v. CurtisSupreme Court of Vermont · 1886
- State v. ClarkSupreme Court of Vermont · 1870
- Burnett v. WardSupreme Court of Vermont · 1869
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