Carlisle v. Gray
Supreme Court of Alabama
Writ of Error to the Circuit Court of Chambers. This was an action of assumpsit, a-t the suit of the plaintiffs in -error against the defendant, for money had and received; for money paid, laid out and expended; for money paid by plaintiff to the defendant, by mistake, in a settlement previously had between them; and upon an account stated.
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Writ of Error to the Circuit Court of Chambers. This was an action of assumpsit, a-t the suit of the plaintiffs in -error against the defendant, for money had and received; for money paid, laid out and expended; for money paid by plaintiff to the defendant, by mistake, in a settlement previously had between them; and upon an account stated. The cause was tried upon the general issue, and the jury returned a special verdict, in which the following facts are found: 1st. That Elizabeth C. Gray held notes on the plaintiffs amounting, in February, 1843, to $1326 85, the whole of which were given…
1Opinion of the CourtCollier, C. J.
Where a higher rate of interest than eight per cent, shall be taken or received, under any contract, the act of 1819 declares, that there shall be a forfeiture of the entire debt, &c. with all interest thereon, “ one half of which forfeiture shall be paid into the public treasury, for the use of the State, and the other half to him or them that will inform or sue for the same, to be recovered with costs, by action of debt, in any court of record in this State: Provided, that if the borrower should be the informer as aforesaid, the whole amount thus recovered shall be paid into the treasury,…
2Cited by3 opinions
- Cooledge v. CollumSupreme Court of Alabama · 1924
- Bullard Inv. Co. v. FordAlabama Court of Appeals · 1921
- Jones v. JacksonSupreme Court of Alabama · 1848