Cook v. Dyer
Supreme Court of Alabama
Error to the County Court of Tuskaloosa. r THIS was an action of assumpsit in the Court below, by the defendant against the plaintiffs in error, on an accepted bill of exchange, for two thousand eight hundred and sixty-four dollars and sixteen cents. The parties went to trial on issues taken on the pleas of non assumpsit, payment, set off and usury.
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Error to the County Court of Tuskaloosa. r THIS was an action of assumpsit in the Court below, by the defendant against the plaintiffs in error, on an accepted bill of exchange, for two thousand eight hundred and sixty-four dollars and sixteen cents. The parties went to trial on issues taken on the pleas of non assumpsit, payment, set off and usury. Upon the trial, as appears from a bill of exceptions, the defendants, to sustain the plea of usury, proved that the plaintiff had a large claim on one John C. Cabiness, secured by a deed of trust on land and slaves, and on the day the bill here…
1Opinion of the CourtOrmond, J.
The statutes of this State prohibit usury, and declare that the security by which it is reserved, shall be void for the entire interest, and that the principal only shall be recoverable. Aik. Dig. 655. A previous act authorised a qui tarn action to recover both principal and interest, where usury had been taken, unless the borrower was the informer, when the whole amount went into the treasury. The same statute authorized and required the grand jury to present all persons guilty of usury,, and if found guilty, they were to be fined in the amount lent or taken, contrary to the provisions of…
2Cases cited3 opinions
- Nichols v. FearsonSupreme Court of the United States · 1833
- Bearce v. BarstowMassachusetts Supreme Judicial Court · 1812
- Campbell v. JohnstonCourt of Appeals of Kentucky · 1836
3Cited by12 opinions
- Butts v. BroughtonSupreme Court of Alabama · 1882
- Nance v. GraySupreme Court of Alabama · 1904
- Cain v. GimonSupreme Court of Alabama · 1860
- Gray's Executors v. BrownSupreme Court of Alabama · 1853
- Harbinson v. HarrellSupreme Court of Alabama · 1851
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