Gray v. Belden
Supreme Court of Florida
Error to the Circuit Court of Franklin County. This cause was tried at the Spring Term, 1849, of Franklin ■‘County Circuit Court, before the Hon. George S. Hawkins, Judge ■of the Western Circuit. The facts were these : Gray was security ■on a forthcoming bond, given by one Tobey, whose slaves were levied on, for a debt of $4,000, and replevied.
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Error to the Circuit Court of Franklin County. This cause was tried at the Spring Term, 1849, of Franklin ■‘County Circuit Court, before the Hon. George S. Hawkins, Judge ■of the Western Circuit. The facts were these : Gray was security ■on a forthcoming bond, given by one Tobey, whose slaves were levied on, for a debt of $4,000, and replevied. The slaves were snot forthcoming on the day of sale ; the bond was returned forfeited, and execution was issued against Gray, whose property was levied on, and advertized for sale. On the day of sale, Gray agreed with one T. J. Vickers, the holder of…
1Opinion of the CourtBaltzell, J.
This was a suit instituted in the Court below to recover from the defendant, Gray, the amount of a note executed in 1841, for two hundred dollars. The defence was usury. On the trial, the Court below instructed in favor of plaintiff, and refused various’ instructions asked by defendant, to which he excepted, and has brought the matter to this Court by writ of error. It is proper that the mode of consideration by Appellate Courts of a case so situated should be well considered and understood, and I propose to regard it Upon authority *114of the Courts in England and this country, professing to…
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