Bandel v. Isaac
Court of Appeals of Maryland
Appeal from the Court of Common; he rnak<$>©f a, □3 pavh"féffand issue Assumpsit, brought on the 5th of appellee, the holder, against the appelli promissory note for $250, dated the 8th ble at seven months, to the order of Micha^ by him endorsed. Plea, non-assumpsit, upon was joined. Exception: At the trial the plaintiff proved the making and endorsement, of the note, and the defence relied upon was that of usury.
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Appeal from the Court of Common; he rnak<$>©f a, □3 pavh"féffand issue Assumpsit, brought on the 5th of appellee, the holder, against the appelli promissory note for $250, dated the 8th ble at seven months, to the order of Micha^ by him endorsed. Plea, non-assumpsit, upon was joined. Exception: At the trial the plaintiff proved the making and endorsement, of the note, and the defence relied upon was that of usury. The proof on the part of the defendant, is sufficiently indicated by the following instructions, which he prayed the court to give to the jury. 1st. If the jury shall believe from…
1Opinion of the CourtLe Grand, C. J.
This was an* action instituted in the Court of Common Pleas of Baltimore city, by Isaac, the holder, against Bandel, the drawer, of a promissory note, to recover its amount.
At the trial below there was full and unquestioned proof of the making and endorsement of the note. Under the plea of non assumpsit the defence relied upon was that of usury, and none other. To that objection we address ourselves, and, as • this is a matter which concerns the daily transactions and dealings of men, we will be as plain and brief as the nature of the inquiry will allow.
If the defence in this case be at all…
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