Morgan v. England
Ohio Supreme Court
In Chancery. The complainant having purchased land of the United States, wanted to complete his payments for it, and not having sufficient money, applied to the defendant for a loan for that purpose.
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In Chancery. The complainant having purchased land of the United States, wanted to complete his payments for it, and not having sufficient money, applied to the defendant for a loan for that purpose. It was agreed between them that the defendant should advance two hundred and six dollars; take an assignment of the certificate; obtain a patent; and give his bond to convey to the complainant upon the payment of four hundred dollars, the sum advanced, increased by the interest, trouble and expenses incurred by England. The expenses and amounts were agreed upon. The money was advanced, and the…
1Opinion of the Court
BY THE COURT.
Usurious contracts have never been rendered void in Ohio; the authorities cited are applicable to contracts made void by the usury laws of other countries, and have no application here. But if otherwise, the matter set up in the bill might have availed the party at law, if the law made the contract void, as contended. Having neglected to make the defence there, he cannot, without excuse, come here to set it up.
The bill is dismissed.
2Cited by2 opinions
- McCue v. CommonwealthSupreme Court of Pennsylvania · 1875
- Quigley v. CommonwealthSupreme Court of Pennsylvania · 1877