West v. Belches
Supreme Court of Virginia
THE Appellee James Belches filed his Bill in the Superior Court of Chancery for the Williamsburg district against Robert West, Thomas West, and Morgan Tomkies ; stating that the complainant and Francis Willis were securities for Charles Cry men, in two bonds, to the said Tomkies ; one for 150/., and the other for 82/. lO.v. 0 The defendant Robert West answered, denying all connexion with Tomkies in the original transaction, and all knowledge of any usury; and stating that…
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THE Appellee James Belches filed his Bill in the Superior Court of Chancery for the Williamsburg district against Robert West, Thomas West, and Morgan Tomkies ; stating that the complainant and Francis Willis were securities for Charles Cry men, in two bonds, to the said Tomkies ; one for 150/., and the other for 82/. lO.v. 0 The defendant Robert West answered, denying all connexion with Tomkies in the original transaction, and all knowledge of any usury; and stating that the bond was assigned himj^for a Valuable consideration ; that the plea of usury was fairly tried, and the defendant might…
1Opinion of the Court
Wednesday, October 30th, 1816.
Judge Roane
pronounced the following opinion of the Court, t
The Court is of opinion that, upon the testimony exhibited in this cause, there is no ground to say that the sale of the negroes Peter and Molly in the Bill mentioned was a transaction to cover a reservation of usurious interest upon a loan of money ; — but that, for aught that appears, the said sale was a real sale of the said negroes upon a credit; in which case it is lawful to agree upon and take a greater price than that, with interest, for which they had been previously offered in cash ; and that,…
2Cited by17 opinions
- Brockenbrough's Ex'ors v. Spindle's Adm'rsSupreme Court of Virginia · 1866
- Pate v. M'ClureCourt of Appeals of Virginia · 1826
- M'Mahon v. FawcettSupreme Court of Virginia · 1824
- Evans v. SpurginSupreme Court of Virginia · 1854
- McLean v. Lafayette BankU.S. Circuit Court for the District of Ohio · 1846
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