McDonald v. Smith
Supreme Court of Vermont
General Assumpsit to recover usury. Pleas in bar and offset. Heard by the court, March Term, 1884, Powers, J., presiding. Judgment for the plaintiff to recover $153.72,— the amount of the usuiy; and that his attorneys have alien on the damages and costs for their fees. See Jacob & Guy Smith v. David McDonald, 50 Yt. 305, where is reported the suit in equity to compel this offset.
1Opinion of the Court
The opinion of the court was delivered by
Royce, Oh. J.
The writ in this case was made returnable to the September Term, 1877. The suit was brought to recover back usurious interest paid to the defendant on two notes, one for '$3,500 'and the other for $1,500. The usury paid on the $3,500 note was deducted from the decree obtained in proceedings brought to foreclose a mortgage given *503to secure its payment. After the payment of the usury by the plaintiff, which it is found was paid on the $1,500 note, the defendant and son sold the note to J. W. Brown, and guaranteed the same. Brown sued the note…
2Cases cited3 opinions
- Walker v. SargeantSupreme Court of Vermont · 1842
- Downer v. DanaSupreme Court of Vermont · 1845
- Ferris v. BurtonSupreme Court of Vermont · 1829
3Cited by6 opinions
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- Fairbanks v. DevereauxSupreme Court of Vermont · 1886
- Roberts v. MitchellTennessee Supreme Court · 1895
- First National Bank v. PostSupreme Court of Vermont · 1894
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