Close v. Olney
Court for the Trial of Impeachments and Correction of Errors
Assumpsit, tried at the Cayuga circuit in February, 1844, before Moseley, C. Judge. Plea, non-assumpsit. The plaintiffs gave in evidence a promissory note for $50, made by the defendant, payable to Paul Rhinehart or bearer one year after date, with interest, dated the 28th March, 1837, and rested.
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Assumpsit, tried at the Cayuga circuit in February, 1844, before Moseley, C. Judge. Plea, non-assumpsit. The plaintiffs gave in evidence a promissory note for $50, made by the defendant, payable to Paul Rhinehart or bearer one year after date, with interest, dated the 28th March, 1837, and rested. The defendant’s counsel stated the defence to be, that the note in question was given upon a loan of $50 by the defendant of Rhinehart the payee, for which the defendant agreed to pay Rhinehart five dollars beyond the legal interest, and consequently that the note was void for usury; and he called…
1Per curiam
The note upon which this suit is brought was made prior to the act of 1837, (Laws 1837, p. 487, 5 6,) by which usury was declared to be indictable. • It is not impor? tant whether it was indictable at common law, as before that act the taking of usury subjected the party to a penalty.
The fair import of what the witness stated was that he had received no usury upon this transaction, since the giving of the note, in 1837. If there had been any doubt of this, the judge should have suffered him to be examined upon pertinent questions, so as to compel him to disclose if the fact was so, the…
2Cited by9 opinions
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- Bank of Salina v. HenryNew York Supreme Court · 1846
- Weldon v. BurchIllinois Supreme Court · 1851
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