Bearce v. Barstow
Massachusetts Supreme Judicial Court
Assumpsit by the payee against the maker of a promissory note, dated March 31, 1809, for the payment of 496 dollars, in one year from the date, with interest after until paid.
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Assumpsit by the payee against the maker of a promissory note, dated March 31, 1809, for the payment of 496 dollars, in one year from the date, with interest after until paid. Upon the trial of the action, upon the general issue joined, before Thatcher, J., at the last October term in this county, the execution of the note being proved or agreed, it was proved to have been given for the consideration, and under the circumstances following: Before and until said note was given, one Jonathan Byram was indebted to the plaintiff in two or more notes of hand, * amounting to 400 dollars or upwards,…
1Opinion of the Court
Mellen.
That was a decision by a single judge at nisi prius; and, if it is good law, it goes far towards repealing the statute against usury, and in its spirit is opposed to the case of Cuthbert vs. Haley.
Sewall, J.
The only question necessary to be decided in this ° case is, whether the clause cited from the statute against usury, relied on for the defendant, is at all * applicable lo this case, as we must understand it, upon the facts stated, *51and the verdict found under the direction given by the justice who presided at the trial.
The English statutes against usury contain a similar clause for…
Also in this document: Per curiam.
2Cited by20 opinions
- Weaver Hardware Co. v. . SolomovitzNew York Court of Appeals · 1923
- Inhabitants of Reading v. Inhabitants of WestonSupreme Court of Connecticut · 1829
- Campbell v. SloanSupreme Court of Pennsylvania · 1870
- Cook v. DyerSupreme Court of Alabama · 1842
- Carmichael v. BodfishSupreme Court of Iowa · 1871
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