Brakeley v. Tuttle
West Virginia Supreme Court
George W. Tuttle, of the State of New York, filed a bill in the circuit court of Preston county, on the 11th day-of February, 1861, against Joseph and Asher Brakelej’, partners under the firm of J. & A. Brakeley.
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George W. Tuttle, of the State of New York, filed a bill in the circuit court of Preston county, on the 11th day-of February, 1861, against Joseph and Asher Brakelej’, partners under the firm of J. & A. Brakeley. The bill alleged, that in December, 1858, the complainant and defendants had entered into an agreement in the following words: “Memorandum of agreement made and entered into this 29th day of December, in the year one thousand eight hundred any fifty-eight, between G. ~W. Tuttle, hide and leather dealer, of Kingston, Ulster county, and State of New York, óf the first part, and J. & A.…
1Opinion of the CourtMaxwell, J.
The bill was demurred to on three grounds.
1st. Because the contract or contracts set forth in said bill are upon their face contrary to the statutes of Virginia and New York against taking illegal interest, and are usurious and void under the laws of both States.
2d. Because said bill seeks to enforce in effect the specific execution of alleged personal contracts in regard to personalty.
3d. Because it seeks to recover damages in equity for the alleged breach or breaches of such personalty contracts and for the conversion of personal property for which there is a remedy at law.
In answer to the…
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