Turner v. Calvert
Supreme Court of Pennsylvania
Weit of error to the Court of Common Pleas of Crawford county, in a. scire facias on a mortgage, brought by the defendant in error against the plaintiff in error. The defendant below, Turner, pleaded the statute against usury, and set forth in his plea, the facts of the usurious contract; to which the plaintiff demurred.
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Weit of error to the Court of Common Pleas of Crawford county, in a. scire facias on a mortgage, brought by the defendant in error against the plaintiff in error. The defendant below, Turner, pleaded the statute against usury, and set forth in his plea, the facts of the usurious contract; to which the plaintiff demurred. They were as follows: ON the the 18th of April, 1817, Calvert agreed to lend Turner three hundred and twenty dollars, for which the latter agreed to give him his bond for three hundred and fifty dollars, two hundred and fifty dollai’s payable on the 18th of October, 1819, and…
1Opinion of the Court
The opinion of the court was delivered by
Tilghman, C. J.
This was a scire facias on a mortgage. It is confessed, that the contract was usurious, and the question is, Whether the mortgage was void, or the plaintiff entitled to recover the amount of the sum loaned, with legal interest ? The case depends on the act of the 2d of March, 1723, (1 Sm. L. 156.) By the first section of this act, “No person shall, directly or indirectly, for any bonds or contracts, take, for the loan, or use of money, or any other commodities, above the value of six pounds for the forbearance of one hundred pounds, or…
2Cases cited1 opinion
- Wycoff v. LongheadSupreme Court of the United States · 1785
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- Gale v. CutlerWisconsin Supreme Court · 1842
- Hill v. ScottU.S. Circuit Court for the District of District of Columbia · 1838
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