Waterman v. Brown
Supreme Court of Pennsylvania
Appeal in Equity from the Court of Msi Hrius. This was a suit in equity, by Edward Waterman against Joseph Brown. The bill set forth that about the middle of May 1841, the defendant loaned to the complainant $6000, and took from him a promissory note at six months for $6932.10, the difference being made up by usurious interest; and that, at the same time, complainant transferred to defendant 300 shares of the stock of the Mechanics’ and Manufacturers’ Bank of Trenton, as…
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Appeal in Equity from the Court of Msi Hrius. This was a suit in equity, by Edward Waterman against Joseph Brown. The bill set forth that about the middle of May 1841, the defendant loaned to the complainant $6000, and took from him a promissory note at six months for $6932.10, the difference being made up by usurious interest; and that, at the same time, complainant transferred to defendant 300 shares of the stock of the Mechanics’ and Manufacturers’ Bank of Trenton, as collateral security. The bill then averred that the dividends received on the stock had paid the debt, and prayed for an…
1Opinion of the Court
The opinion of the court was delivered by
Lowrie, C. J.
The defendant denies positively that there was any usury in the transaction, and we are quite dissatisfied with, the evidence on which this denial was set aside. It proves payments made by'the defendant to the plaintiff; but against his denial on oath, it does not prove that those were the only payments. What was paid by checks appears, and we are simply without proof that the rest was paid: and this is not strange, considering that the trial took place after the defendant’s death, and fourteen years after the transaction.
Moreover, there…
2Cases cited3 opinions
- Stafford v. RichardsonNew York Supreme Court · 1836
- Lyon v. MarclaySupreme Court of Pennsylvania · 1832
- Kinney's executors v. McClureSupreme Court of Virginia · 1823
3Cited by7 opinions
- Gossard v. GossardCourt of Appeals for the Tenth Circuit · 1945
- Bell, Secy. of Banking v. BradySupreme Court of Pennsylvania · 1943
- Barnes v. Pickett Hardware Co.Supreme Court of Pennsylvania · 1902
- Himrod v. KimberlySupreme Court of Pennsylvania · 1908
- Guffey v. Gulf Production Co.District Court, W.D. Pennsylvania · 1926
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