Wing v. Peck
Supreme Court of Vermont
Heard on demurrer to the defendant’s pleas at the March Term, 1881, Redfield, J., presiding, Washington County. Pleas sustained. The plaintiff filed a specification claiming to recover $50, and interest on the same from the 11th day of November, 1872. defendant’s pleas.
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Heard on demurrer to the defendant’s pleas at the March Term, 1881, Redfield, J., presiding, Washington County. Pleas sustained. The plaintiff filed a specification claiming to recover $50, and interest on the same from the 11th day of November, 1872. defendant’s pleas. And for further plea the defendant, by leave of the court here for this purpose first had and obtained, according to the form of the statute in such case made and provided, says that the said plaintiff ought not to have or maintain his aforesaid action thereof against him because, he says, that before the commencement of this…
1Opinion of the Court
The opinion of the court was delivered by
Rowell, J.
This case is free from any attempt to evade the Statute of Usury, and presents the simple question, whether a claim for money paid as usury can be discharged without actual satisfaction, long after the money has been paid. This is unlike the case of Herrick v. Dean, reported elsewhere in this volume. There, resort was had to a device to evade the statute at the time the loan was made, and while the borrower’s necessities were upon him; while here, the borrower, long after the loan, voluntarily elects to discharge his claim.
*248We see no legal…
2Cases cited1 opinion
- Churchill v. ColeSupreme Court of Vermont · 1859
3Cited by2 opinions
- Quigley v. WileySupreme Court of Vermont · 1935
- Wilder v. St. Johnsbury & Lake Champlain RailroadSupreme Court of Vermont · 1891