Ambler v. Ruddell
Supreme Court of Arkansas
Writ of Error to the Independence Girouit Court. Hon. Beaufort II. Neely, Circuit Judge. That the writing obligatory for which the money advanced was tho sole consideration, was void for usury, was settled by the decree of the chancellor. And the law clearly fixes usury upon the transaction. Diz/est, p. 61é ; sec. 5 to 8; Weatherheadvs. Boyers, 7 Yerg. Rep. 562; Andrews vs. Pond et al., 13 Ret. Rep. 15; 3 Stark. 1524/ Levy vs. Brown & Eenno, 11 Arle.
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Writ of Error to the Independence Girouit Court. Hon. Beaufort II. Neely, Circuit Judge. That the writing obligatory for which the money advanced was tho sole consideration, was void for usury, was settled by the decree of the chancellor. And the law clearly fixes usury upon the transaction. Diz/est, p. 61é ; sec. 5 to 8; Weatherheadvs. Boyers, 7 Yerg. Rep. 562; Andrews vs. Pond et al., 13 Ret. Rep. 15; 3 Stark. 1524/ Levy vs. Brown & Eenno, 11 Arle. Rep. 22. The defence in this case was well set up under the general issue, as it is not embraced in our statute requiring pleas, in certain…
1Opinion of the CourtJustice IIaNlt
Ruddell sued Ambler in debt, counting- first on a writing obligatory, and secondly on the common money counts, and for services, &c. And pending .the suit, Ruddell was-enjoined, at the suit of Ambler, from proceeding on the writing obligatory, charging that it was usurious and void. i
Ambler prayed for a bill of particulars of the residue of the demand, which was filed, disclosing an advance to, or payment of, money for Ambler to the amount of $513 40, and no more. And upon an issue on the plea of nil delab, the cause was submitted to a jury, which found for the plaintiff below $510 9T and…
2Cases cited9 opinions
- Hammond v. HoppingNew York Supreme Court · 1835
- Johnson v. JohnsonMassachusetts Supreme Judicial Court · 1814
- Rice v. Welling & FakeNew York Supreme Court · 1830
- Fulton Bank v. StaffordNew York Supreme Court · 1829
- Jackson ex dem. Ballou v. CampbellNew York Supreme Court · 1830
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