Grow v. Albee
Supreme Court of Vermont
Assumpsit for money had and received. Plea, the general issue, and trial by the court, June Term, 1846, — Royce, J., presiding. On trial the facts appeared as follows. On the sixth day of February, 1841, the plaintiff gave to the defendant his note for $50,00, payable the first of January next ensuing, with interest; and on the ninth day of March, 1842, he paid to the defendant six dollars, for which the defendant endorsed on the note “ one year’s interest.”
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Assumpsit for money had and received. Plea, the general issue, and trial by the court, June Term, 1846, — Royce, J., presiding. On trial the facts appeared as follows. On the sixth day of February, 1841, the plaintiff gave to the defendant his note for $50,00, payable the first of January next ensuing, with interest; and on the ninth day of March, 1842, he paid to the defendant six dollars, for which the defendant endorsed on the note “ one year’s interest.” The defendant also held another note against the plaintiff, dated October 29, 1839, for $104,00, payable in one year from date, with…
1Opinion of the Court
*542The opinion of the court was delivered by
Redfield, J.
The only question, in the present case, is, whether the plaintiff is concluded by the decree of foreclosure from recovering the usury paid upon the notes included in the decree. We have examined the subject, both in this case and that of Day v. Cummings, ante, page 496; and the result of that examination is a very full conviction, that the plaintiff, upon the facts found in the case, is entitled to recover. •
From this case it does not appear, that the original contract was usurious. And we cannot presume that it was. The subsequent payment…
2Cases cited4 opinions
- Gaither v. Farmers & Mechanics Bank of Georgetown Ex Rel. CorcorranSupreme Court of the United States · 1828
- Johnson v. JohnsonMassachusetts Supreme Judicial Court · 1814
- Commonwealth v. FrostMassachusetts Supreme Judicial Court · 1809
- Ward v. SharpSupreme Court of Vermont · 1843
3Cited by17 opinions
- Wood v. LakeWisconsin Supreme Court · 1860
- Baum v. ThomsIndiana Supreme Court · 1898
- Lee v. HillmanWashington Supreme Court · 1913
- Nichols & Bliss v. BellowsSupreme Court of Vermont · 1849
- Davis v. ConverseSupreme Court of Vermont · 1863
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