Childers v. Deane & Pagen
Court of Appeals of Virginia
This was an appeal from the Superior Court of Buckingham. Deane and Page brought an action of debt against Childers, on a note under seal, for $ 279 56, payable on demand. The defendant pleaded payment, and issue was joined. The defendant afterwards pleaded a.special plea, setting out the various considerations on which the note was given, the mode of calculating interest, and concluding with an averment, that the transaction was usurious.
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This was an appeal from the Superior Court of Buckingham. Deane and Page brought an action of debt against Childers, on a note under seal, for $ 279 56, payable on demand. The defendant pleaded payment, and issue was joined. The defendant afterwards pleaded a.special plea, setting out the various considerations on which the note was given, the mode of calculating interest, and concluding with an averment, that the transaction was usurious. The plaintiff replied, denying the several allegations of the plea, and issue was joined. At the trial, the defendant filed a demurrer to evidence, setting…
1Opinion of the Court
Judge Carr.
This is an action of debt on a penal bill. The defendant pleaded payment and a special plea of usury, setting out at length, the several sums on which the usury is alleged to have been taken for forbearance, and the amount of the sums so charged to have been taken. Issue was joined on both pleas, and a jury sworn. At the trial, the defendant tendered a demurrer to the evidence, which was joined by the plaintiff. The jury found a verdict, subject to the judgment of the Court on the demurrer. The Court decided, that the evidence was sufficient in law to maintain the issues joined on…
2Cases cited1 opinion
- Mohawk Bank v. BurrowsNew York Court of Chancery · 1822
3Cited by18 opinions
- Merchants' & Mechanics' Bank of Wheeling v. EvansWest Virginia Supreme Court · 1876
- Genin v. IngersollWest Virginia Supreme Court · 1877
- Craig v. McCullochWest Virginia Supreme Court · 1882
- Raleigh County Bank v. PoteetWest Virginia Supreme Court · 1914
- Camp v. BatesSupreme Court of Connecticut · 1836
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