Mitchell v. Doggett
Supreme Court of Florida
EkRok from Leon Circuit Court. This case was tried at the Spring Term, 1846, his Honor Judge Macrae, presiding. Assumpsit on a Promissory Note. Plea: Mn assumpsit, and a notice setting up usury.
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EkRok from Leon Circuit Court. This case was tried at the Spring Term, 1846, his Honor Judge Macrae, presiding. Assumpsit on a Promissory Note. Plea: Mn assumpsit, and a notice setting up usury. The Plaintiff insisted that so much of tKe law of 1833, “ regulating the rate of interest,” as prohibited the taking or reserving of a great» er than a certain rate of interest therein expressed, having been repealed by the Act of 1844, there was no law in force, applicable to this case, against the taking of usury. The facts of the case will be found in the opinion of the Court. Contended it was the…
1Opinion of the Court
Hawkins, Justice,
delivered the following opinion :
This was an action of assumpsit brought originally against the defendant Doggett and J. W. Gotten. Cotten dying before the trial, the suit abated as to him, but continued as to Doggett.
The declaration contained a special count on the note, and the usual money counts. The note declared on was in the following words and figures, to wit
*360“ On or before the first day of January next, we or either of us promise to pay Isaac W. Mitchell or order, fifteen thousand nine hundred and fifty-five dollars, with ten per cent, interest from date, for value…
Also in this document: Per curiam.
2Cases cited5 opinions
- Hannay v. EveSupreme Court of the United States · 1806
- President of Springfield Bank v. MerrickMassachusetts Supreme Judicial Court · 1817
- Rice v. Welling & FakeNew York Supreme Court · 1830
- Jackson ex dem. Skinner v. PackardNew York Supreme Court · 1831
- Thompson v. WoodbridgeMassachusetts Supreme Judicial Court · 1811
3Cited by12 opinions
- Holland v. GrossSupreme Court of Florida · 1956
- Willcox v. EdwardsCalifornia Supreme Court · 1912
- Clark v. GreySupreme Court of Florida · 1931
- DIV. OF WORKERS'COMP, ETC. v. BrevdaDistrict Court of Appeal of Florida · 1982
- Coe v. Frederick E. Muller & Gulf Pine Co.Supreme Court of Florida · 1917
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