Noble v. Walker
Supreme Court of Alabama
[BILI, IN EQUITY FOR RELIEF AGAINST USURIOUS CONTRACT.] Appeal from the Chancery Court of Macon. Heard before the Hon. James B. Clapjc.
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[BILI, IN EQUITY FOR RELIEF AGAINST USURIOUS CONTRACT.] Appeal from the Chancery Court of Macon. Heard before the Hon. James B. Clapjc. This bill was filed by Mrs. Mary E. Walker, a feme covert, suing by her next friend, against the appellants, and sought to restrain the sale of land under a deed of trust, on the ground that the several bills of. exchange, to secure the payment of which said deed was given, were discounted by the defendants at a usurious rate of interest, and that the amount really due on them, with legal interest, had been already paid. These bills of exchange were eight in…
1Opinion of the CourtStone, J.
There is, perhaps, not proof enough in-this record, to establish the proposition that the exhibits numbered five and ten were made for the accommodation of Mr. "Walker. They were drawn on the Montgomery Manufacturing Company, by Mr. Staples, its secretary; and their discount was procured by Mr. Walker, the last-endorser. These transactions, on their face, have the stamp of a bona-fide debt; and as the manufacturing company was then receiving lumber from Mrs. Walker’s mill, we feel it our duty to presume, unless the evidence overturns that presumption, that they were given in liquidation of…
2Cases cited5 opinions
- Hunt v. AcreSupreme Court of Alabama · 1856
- Mauldin v. Branch Bank at MobileSupreme Court of Alabama · 1841
- Saltmarsh v. P. & M. BankSupreme Court of Alabama · 1848
- Carlisle v. HillSupreme Court of Alabama · 1849
- Hutchins v. M'CannSupreme Court of Alabama · 1838
3Cited by4 opinions
- Uhlfelder & Co. v. Carter's Adm'rSupreme Court of Alabama · 1879
- Hawkins v. PearsonSupreme Court of Alabama · 1892
- Scott v. AustinSupreme Court of Minnesota · 1887
- Neel v. ClaySupreme Court of Alabama · 1872