Rathburn v. Wheeler

This was an action by Wheeler, as assignee, on a promissory note, against Paihburn, the maker. The note was for $500, payable three years after date, with interest payable annually, and was dated February 8,1864. The second paragraph of the defendant’s answer alleges, in substance, that thirty dollars of usurious interest was included in said note, besides which he executed to Pollard, the payee thereof, two other promissory notes, amounting in the aggregate to ninety dollars, which he subsequently paid, the only consideration therefor being unlawful and usurious interest to accrue on the…