Williams v. Wilder
Supreme Court of Vermont
Assumpsit, in the common counts, to recover back money alleged to have been paid as usury. Pleas, the general issue, and statute of limitations. The ease was referred, and the referee reported that sometime in the fall of 1851, the plaintiff informed the defendant that he wanted to borrow some money, and told him the amount.
Read the full summary
Assumpsit, in the common counts, to recover back money alleged to have been paid as usury. Pleas, the general issue, and statute of limitations. The ease was referred, and the referee reported that sometime in the fall of 1851, the plaintiff informed the defendant that he wanted to borrow some money, and told him the amount. The defendant then gave some encouragement that he would raise the money for him, but told the plaintiff he would have to pay a little something ■extra, as he, the defendant, sometimes had to pay extra. In March, 1852, and a short time before the plaintiff wanted to use…
1Opinion of the Court
Poland, Ch. J.
The first inquiry suggested by this case is whether the plaintiff has paid any usurious interest to the defendant, in such manner as to be entitled to maintain an action against him to recover it back. The report shows that in the note the plaintiff gave to Hubbard, there was included one hundred and forty dollars usury; that Hubbard sold and transferred the note to the defendant, and that the ultimate payment of the whole note, both the legal and illegal part, was made by the plaintiff to the defendant. This was the sole payment ever made by the plaintiff, and he had no right…
2Cases cited1 opinion
- Davis v. ConverseSupreme Court of Vermont · 1863
3Cited by5 opinions
- Scott v. LearyCourt of Appeals of Maryland · 1871
- Baum v. ThomsIndiana Supreme Court · 1898
- Lee v. HillmanWashington Supreme Court · 1913
- Hathaway v. HaganSupreme Court of Vermont · 1886
- Douglas v. KlopperCalifornia Court of Appeal · 1930