Wilkins v. Malone

Malone brought suit against Wilkins and others on a promissory note.

The defendants pleaded usury. Replication in denial, and trial by the Court; finding for the plaintiff for the full amount appearing to be due on the note, and judgment on the finding, a new trial being refused.

On the trial, the defendants offered to examine Malone, the plaintiff, as a witness in the cause, to prove the usury set up in the answer; but the plaintiff objected on the ground that- such examination would criminate himself, and the objection was sustained by the Court, and the defendants were not permitted t©…