McClure v. Williams
Supreme Court of Vermont
'J'his was an action of assumpsit. The declaration consisted of two special counts and a general .count. 'The evidence offered in support of the general count was the same as the facts detailed in the two special counts.
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'J'his was an action of assumpsit. The declaration consisted of two special counts and a general .count. 'The evidence offered in support of the general count was the same as the facts detailed in the two special counts. The court decided that the evidence offered was insufficient to enable the plaintiff to support his action ; whereupon the plaintiff entered non-suit, under a rule that the plaintiff have leave to move in the next supreme court for leave to set aside said non-suit, and for a new trial. The declaration was as follows: “ In a plea of the case for this, that the said Obadiah, at…
1Opinion of the Court
The opinion of the court was delivered by
Mattocks, J.
If a note has been given upon an usurious consideration, and afterwards by consent of the parties it is given up, the contract rescinded and a néw note taken for the sum really due, it was never doubted but what the new security was valid. In the case of Edgell vs. Stanford, 6 Vt. Rep. 551, it was, after a very full investigation, decided, that when a note not tainted with usury was given up for a new one that was so infected, and the last having been avoided by a plea of usury, the first note, or the debt for which it was given, was…
2Cases cited1 opinion
- Edgell v. StanfordSupreme Court of Vermont · 1834
3Cited by2 opinions
- Carter and Carter v. Leon Loan and Finance Co.Supreme Court of Florida · 1933
- Stewart v. NangleDistrict Court of Appeal of Florida · 1958