Legal Opinion

Nelson v. Cooley

Supreme Court of Vermont

Decided February 15, 1848PublishedCited by 9 opinions

Assumysit for money had and received. Plea, the general issue, and trial by the court, September Term, 1846, — Williams, Ch. J., presiding. On trial the facts appeared as follows.

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Assumysit for money had and received. Plea, the general issue, and trial by the court, September Term, 1846, — Williams, Ch. J., presiding. On trial the facts appeared as follows. On the fifth day of August, 1841, the plaintiff executed to the defendant four promissory notes, — one for $400, payable August 1, 1844, one for $50, payable August 1, 1842, one for $50, payable August 1, 1843, and on© for $50, payable August 1, 1844. Th© note for $400 was given for the amount of principal actually due from the plaintiff to the defendant; and the other notes were given for the interest upon that…

1Opinion of the Court

The opinion of the court was delivered by

Davis, J.

This was an action of assumpsit to recover from the defendant certain money, alleged to have been paid to him by the plaintiff above the legal interest upon a $400 note given by the latter to the former on the fifth of August, 1841. The general issue being pleaded, the case was tried by the court.

The only question brought before us is, whether the facts found by the county court show, that the plaintiff made any payment of usurious interest, within the true meaning and intent of the statute, which authorises the party paying such usury to…

2Cited by9 opinions

  1. Arrington v. . ArringtonSupreme Court of North Carolina · 1894
  2. Nichols & Bliss v. BellowsSupreme Court of Vermont · 1849
  3. Davis v. ConverseSupreme Court of Vermont · 1863
  4. Low v. Estate of MusseySupreme Court of Vermont · 1863
  5. Austin v. HarringtonSupreme Court of Vermont · 1855

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