Teague v. Russell
Supreme Court of Alabama
James Teague filed his hill in Chancery in Franklin Circuit Court, against J. Russell and W. Moore. The bill charged that on the 17th of February, 1817, the complainant and one Byrd, borrowed of Russell $400 for twelve months, at ter- per cent, interest; that the complainant borrowed $150, and Byrd $250; that complainant gave his note under seal for $165, for the repayment, with Byrd as security, and Byrd gave his for $275, with the complainant as security; that on the 12th…
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James Teague filed his hill in Chancery in Franklin Circuit Court, against J. Russell and W. Moore. The bill charged that on the 17th of February, 1817, the complainant and one Byrd, borrowed of Russell $400 for twelve months, at ter- per cent, interest; that the complainant borrowed $150, and Byrd $250; that complainant gave his note under seal for $165, for the repayment, with Byrd as security, and Byrd gave his for $275, with the complainant as security; that on the 12th of March, 1818, the complainant paid off his note, and took it up, and Russell gave him a receipt in writing for the…
1Opinion of the Court
By JUDGE COLLIER.
The questions for our decisions, are these:
1. Do the facts disclosed in the plaintiff’s bill, interpose a bar to a recovery, by the defendant Moore.
2. Supposing the question to be answered affirmatively, is it competent for equity to administer relief?
• These questions are so closely blended, that for the sake of perspicuity, we will consider them together. It is no objection to the recovery of the sum expressed in the bond, that a larger per centum, by way of interest, was reserved, than the law authorized; for it will be observed, that at the time the bond was executed, the…
2Cited by10 opinions
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- Pierpont v. FowleU.S. Circuit Court for the District of Massachusetts · 1846
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