Hanrick v. Andrews
Supreme Court of Alabama
Error to the Circuit court of Montgomery. Assumpsit on a bill of exchange, tried before A. Martin, J. The defendant in error brought an action of assump-sit against the plaintiff, in the Circuit court of Montgomery, as the drawer of a bill of exchange, of the following tenor: « $7000. New York, Dec. 20th, 1836. “Seventy-seven days after date of this first of exchange, (second of the same tenor and date unpaid,) pay to Messrs.
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Error to the Circuit court of Montgomery. Assumpsit on a bill of exchange, tried before A. Martin, J. The defendant in error brought an action of assump-sit against the plaintiff, in the Circuit court of Montgomery, as the drawer of a bill of exchange, of the following tenor: « $7000. New York, Dec. 20th, 1836. “Seventy-seven days after date of this first of exchange, (second of the same tenor and date unpaid,) pay to Messrs. Hanrick & Forest, or order, seven thousand dollars, negotiable and payable at the Bank of Mobile, for value received. E. Hanrick. “ To Daniel Carpenter, Montgomery,…
1Opinion of the CourtCollier, C. J.
The course of the arguments at the bar, leads us to enquire—
First — Was the plaintiff foreclosed by the judgment on demurrer to his second plea, from introducing evidence *22to show that the transaction with H. M. Andrews & Co. was usurious, according to the law of New York?
Second — In determinining the question of usury, in the negotiation of the bill, does the law of Alabama, or New York, furnish the rule of decision?
Third — Was the evidence offered to the jury, by the plaintiff in error, to establish usury, — admissible, as against the defendant?
Fourth — Was the law read from the revised…
2Cases cited1 opinion
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- McDougald's Adm'r v. RutherfordSupreme Court of Alabama · 1857
- Western Union Tel. Co. v. FavishSupreme Court of Alabama · 1916
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