Swilley v. Lyon
Supreme Court of Alabama
Error to Hhe: County Court of Sumter. Tried before the Hon. Preston G. ÑasH¿ 1. The custom of charging five per cent, ¿bove legal interest for accepting and advancing, is a custom against law. — Kent v. Lowen, 1 Camp. 177 ; Dunham v. Dey, 13 Johns. 40; Dun-ham v. Gould, 16 ib. 367. 2. But in any event, the service was rendered to Grant only, for whose accommodation the bill was drawn and who got the money; thereupon Swilley & Riley ought not to have beeu charged with the per…
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Error to Hhe: County Court of Sumter. Tried before the Hon. Preston G. ÑasH¿ 1. The custom of charging five per cent, ¿bove legal interest for accepting and advancing, is a custom against law. — Kent v. Lowen, 1 Camp. 177 ; Dunham v. Dey, 13 Johns. 40; Dun-ham v. Gould, 16 ib. 367. 2. But in any event, the service was rendered to Grant only, for whose accommodation the bill was drawn and who got the money; thereupon Swilley & Riley ought not to have beeu charged with the per centage. Swilley & Riley were sureties’, if their names were placed on the bill for the accommodation of Grant. — Burge…
1Opinion of the CourtDargan, C. J.
The facts of this case, so far as they are material to the understanding of the questions of law raised by the assignments of error, may be thus stated : In May 1847, F. M. Grant, a planter residing in Sumter county, applied to Lyon & Baker, the plaintiffs below, who were commission merchants in Mobile, for an advance of money, but they declined to let him have it- He then solicited the acceptance by the plaintiffs of a bill of exchange, drawn jointly by Swilley & Riley and himself, for thirteen hundred and eighty-one dollars and twenty-two cents, dated the first of May 1847, and due at nine…
2Cases cited3 opinions
- Griffith v. ReedNew York Supreme Court · 1839
- In re BabcockU.S. Circuit Court for the District of Massachusetts · 1844
- Brown v. HarrisonSupreme Court of Alabama · 1850
3Cited by8 opinions
- Lewis v. HickmanSupreme Court of Alabama · 1917
- Uhlfelder & Co. v. Carter's Adm'rSupreme Court of Alabama · 1879
- Dudley v. Colonial Lumber Co.Supreme Court of Alabama · 1931
- Schiffer v. FeaginSupreme Court of Alabama · 1874
- Baker, Lyons & Co. v. American Agricultural Chemical Co.Supreme Court of Alabama · 1917
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