President of the Bank of Chillicothe v. Swayne
Ohio Supreme Court
This is an action of assumpsit reserved in the county of Franklin. The declaration contains four counts. The two first counts are upon a bill of exchange, drawn by the •defendants on one Flewelling, residing in the city of New York, for $5,000, payable six months after date, at the National Bank dn New York, dated March 14, 1837, and protested for non-payment. The other two counts are the common counts for money had and .received, etc.
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This is an action of assumpsit reserved in the county of Franklin. The declaration contains four counts. The two first counts are upon a bill of exchange, drawn by the •defendants on one Flewelling, residing in the city of New York, for $5,000, payable six months after date, at the National Bank dn New York, dated March 14, 1837, and protested for non-payment. The other two counts are the common counts for money had and .received, etc. To this declaration the defendants filed five special pleas in bar, the first of which is in substance as follows, to wit: It is alleged, “that the said Hiram…
1Opinion of the Court
Judge Hitchcock
delivered the opinion of the court:
In considering this case we are first to inquire whether the replications to the special pleas in bar are in law a sufficient answer to those pleas ; and, in order to settle this question, it is necessary to ascertain the substance of those pleas. Stripped of their verbiage, they contain the charge that Paddleford, being in want of money, applied to the plaintiffs for a loan, and that an unlawful, usurious, and corrupt agreement was entered into between the plaintiffs and Paddleford, whereby they undertook to furnish him with the money by…
2Cases cited5 opinions
- People ex rel. Attorney General v. Utica InsuranceNew York Supreme Court · 1818
- President of the Bank of the United States v. OwensSupreme Court of the United States · 1829
- Beaty v. Lessee of KnowlerSupreme Court of the United States · 1830
- New-York Firemen Insurance Co. v. ElySupreme Court of Connecticut · 1825
- Turner v. CalvertSupreme Court of Pennsylvania · 1824
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