Legal Opinion

Brummel & Co. v. Enders, Sutton & Co.

Supreme Court of Virginia

Decided July 3, 1868PublishedCited by 4 opinions

These three cases were heard and decided together in this court. They were actions of .debt in the Circuit Court of the city of Richmond, brought respectively by Enders, Sutton & Co., Hill’s ex’or and James Gray’s sons, against Joseph Brummel & Co., upon promissory negotiable notes. In their declarations the plaintiffs declared upon the notes as payees against the defendants as makers thereof. The defendants pleaded usury; on which issues were made up.

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These three cases were heard and decided together in this court. They were actions of .debt in the Circuit Court of the city of Richmond, brought respectively by Enders, Sutton & Co., Hill’s ex’or and James Gray’s sons, against Joseph Brummel & Co., upon promissory negotiable notes. In their declarations the plaintiffs declared upon the notes as payees against the defendants as makers thereof. The defendants pleaded usury; on which issues were made up. The question involved is the same in all, though the facts are slightly variant. In the case of Enders, Sutton & Co., the plaintiffs declared…

1Opinion of the CourtRives, J.

It is essential to the proper consideration of these causes to acquire precise ideas of the state of the pleadings, the force of the proofs, and the real nature of the transactions to which they relate. A common principle underlies them; and though a slight diversity of circumstances may distinguish them, it will be found, on examination, to constitute no ground for practical distinction in the disposition to be made of them.

The pleadings are the same in all the cases. They are actions of debt by the payees of promissory notes against the makers. The defence is usury. The contract of…

2Cases cited3 opinions

  1. Putnam v. SullivanMassachusetts Supreme Judicial Court · 1808
  2. Brockenbrough's Ex'ors v. Spindle's Adm'rsSupreme Court of Virginia · 1866
  3. Fant v. MillerSupreme Court of Virginia · 1866

3Cited by4 opinions

  1. Moseley v. BrownSupreme Court of Virginia · 1882
  2. Archer v. WardSupreme Court of Virginia · 1853
  3. Gimmi v. CullenSupreme Court of Virginia · 1871
  4. Town of Danville v. SutherlinSupreme Court of Virginia · 1871

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