Jones v. Kirksey
Supreme Court of Alabama
Writ of error to the Court of Chancery sitting in Talla-dega. The plaintiffs in error alledge in their bill, that the complainant, Jones, in 1838 or 1839, borrowed of .the defendant thirteen hundred dollars, at a usurious rate of interest; that he has some four or five times, and perhaps oftener, renewed his notes for this loan, and at each successive renewal, usurious interest has been added.
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Writ of error to the Court of Chancery sitting in Talla-dega. The plaintiffs in error alledge in their bill, that the complainant, Jones, in 1838 or 1839, borrowed of .the defendant thirteen hundred dollars, at a usurious rate of interest; that he has some four or five times, and perhaps oftener, renewed his notes for this loan, and at each successive renewal, usurious interest has been added. Previous to the last renewal, which took place on the 11th April, 1843, by making a note with Daniel Rather, as indorser for $2,040 50, Jones paid to the defendant, and his order $750. On this last note…
1Opinion of the CourtCollier, C. J.
By the act of 1834, it is enacted, that on all contracts on which a higher rate of interest than eight per cent, shall be reserved, the principal alone shall be recovered, and the same shall be void as to the interest. [Clay’s Dig. 591, § 9.] The statute of 1819 makes “ the borrower or party” to a usurious contract, from whom a higher rate of interest shall be taken, a good and sufficient witness : Provided, that if the person against whom such evidence is offered will deny upon oath the truth of what such witness offers to swear against him, then the evidence shall not be admitted. [Id. 590,…
2Cited by3 opinions
- Crow v. BeckSupreme Court of Alabama · 1922
- Hightower v. CoalsonSupreme Court of Alabama · 1907
- Hover v. CockinsSupreme Court of Kansas · 1877