Clarkson's adm'r. v. Garland
Supreme Court of Virginia
Clarkson exhibited his bill against Garland and Jacobs, in the superiour court of chancery of Lynchburg, setting forth, that on the 23d March 1815, he in fact borrowed of Jacobs the sum of 2335 dollars, at exorbitant usury, though this usurious loan was covered by the device of a sale of 16 slaves by Clarkson to Jacobs, redeemable by Clarkson, on payment of 2935 dollars, on or before the 23d March 1816; and on the 22d May 1815, he in fact borrowed of Jacobs another sum of…
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Clarkson exhibited his bill against Garland and Jacobs, in the superiour court of chancery of Lynchburg, setting forth, that on the 23d March 1815, he in fact borrowed of Jacobs the sum of 2335 dollars, at exorbitant usury, though this usurious loan was covered by the device of a sale of 16 slaves by Clarkson to Jacobs, redeemable by Clarkson, on payment of 2935 dollars, on or before the 23d March 1816; and on the 22d May 1815, he in fact borrowed of Jacobs another sum of 2666 dollars 26 cents, likewise on usury, though this loan was also covered, in like manner, by the device of a sale of 14…
1Opinion of the CourtCarr, J.
delivered the resolutions of the court:
1. That the contracts between Clarkson and Jacobs of the 23d March and 22d May 1815; the tobacco contract of the 6th February 1816; the charge by Garland against Clarkson, of 482 dollars 74 cents, for trouble &c. and interest be. and the re-sale by Garland to Clarkson of the ten slaves at an advance of 600 dollars on the price they cost him; were all usurious transactions.
*1612. That Garland shall not be allowed to charge Clark-son with the bond of the 6th August 1817, for 11250 dollars, unless he shall shew the consideration thereof.
3. That in taking the…
2Cited by5 opinions
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