McCullough v. Mitchell
Supreme Court of Alabama
Appeal from the City Court of Montgomery. Tried before the Hon. John A. Minnis. This action was brought by Buckner H. Mitchell, against Thomas McCullough ; was commenced on the 20th August, 1877; and was founded on the defendant’s promissory note for $447.97, dated the 20th January, 1873, and payable on the 14th October, 1873, to the plaintiff or bearer.
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Appeal from the City Court of Montgomery. Tried before the Hon. John A. Minnis. This action was brought by Buckner H. Mitchell, against Thomas McCullough ; was commenced on the 20th August, 1877; and was founded on the defendant’s promissory note for $447.97, dated the 20th January, 1873, and payable on the 14th October, 1873, to the plaintiff or bearer. The defendant pleaded the general issue, usury, and a special plea denying the plaintiff’s ownership of the note; and issue seems to have been joined on all these pleas. On the trial, as the bill of exceptions shows, the plaintiff having read…
1Opinion of the Court
STONE, J".
When this case was in this court at a former term (59 Ala. 179), the recital of the evidence in the bill of exceptions showed “ that neither Miss Killen, nor her husband, the plaintiff, knew any thing of usury, or participated in any manner in the original usurious transaction. The *253first time the plaintiff heard of the usurious transaction, was after the maturity of the note in suit.” We said: “ By the renewal of the note to the subsequent holder, who did not participate in the usurious transaction, gave full value for the claim, and had no knowledge of the usury, the defendant…
2Cases cited11 opinions
- Powell v. WatersCourt for the Trial of Impeachments and Correction of Errors · 1826
- Chadbourn v. WattsMassachusetts Supreme Judicial Court · 1813
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- Vickery v. DicksonNew York Supreme Court · 1861
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