Legal Opinion

Botsford v. Sanford

Supreme Court of Connecticut

Decided November 15, 1817PublishedCited by 9 opinions

Till'S was an action on a promissory note for 314 dollars, 25 cents, dated April 5th, 1815, payable to the plaintiff, on demand. The cause was tried at Fairfield, September term, 1817, before Swift, (Jh. J., and Goddard and Gould, Js. The delinco was usury.

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Till'S was an action on a promissory note for 314 dollars, 25 cents, dated April 5th, 1815, payable to the plaintiff, on demand. The cause was tried at Fairfield, September term, 1817, before Swift, (Jh. J., and Goddard and Gould, Js. The delinco was usury. In support of this defence, the defendant introduced testimony to shew, that on the 13th of April 1813, one Jarvis Platt gave his note to the plaintiff for .214 dollars, in which was included about 8 per cent, more than the lawful interest : that on the 24th of JSTovember following, that note was renewed for 290 dollars, in which was also…

1Opinion of the Court

Swift, Cb. J.

In regard to the first note given by Sanford the defendant, to Botsford the plaintiff, I am of opinion, that it was usurious. It appears from the facts stated, that Botsford held a note against Platt, indorsed by Sanford as surety, which had been given on an usurious consideration. Sanford applied to Botsford, and offered to give him his own note for that note, for the purpose of securing it out of the *280estate of Piatt, who was in failing circumstances : to which jjotsford assented. This note, then, was given by a party to the original usurious contract, to the original promissee,…

2Cases cited1 opinion

  1. Scott v. LewisSupreme Court of Connecticut · 1816

3Cited by9 opinions

  1. Campbell v. SloanSupreme Court of Pennsylvania · 1870
  2. Alling Paper Co. v. MassininConnecticut Superior Court · 1974
  3. King v. Perry Insurance & Trust Co.Supreme Court of Alabama · 1876
  4. Jones v. JacksonSupreme Court of Alabama · 1848
  5. Bullock v. BoydNew York Court of Chancery · 1840

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