Bridge v.Hubbard
Massachusetts Supreme Judicial Court
Assumpsit against the promisor in a note payable to Thomas W. Sumner, or order, and by him endorsed. The note was made under the following circumstances: One B. Ford had borrowed money of B. Eaton at a grossly usurious interest, and, on the 4th of December, 1815, he gave Eaton a note signed by Blanchard f Ford, payable to the said Hubbard, and endorsed by him, for 1250 dollars, the whole amount of which was for usurious interest on sums before that time borrowed, by…
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Assumpsit against the promisor in a note payable to Thomas W. Sumner, or order, and by him endorsed. The note was made under the following circumstances: One B. Ford had borrowed money of B. Eaton at a grossly usurious interest, and, on the 4th of December, 1815, he gave Eaton a note signed by Blanchard f Ford, payable to the said Hubbard, and endorsed by him, for 1250 dollars, the whole amount of which was for usurious interest on sums before that time borrowed, by Blanchard 8f Ford, of Eaton. On the 7th of April, 1816, that note fell due, and Blanchard 8f Ford, being called on for payment,…
1Opinion of the Court
Parker, C. J.,
observed that, the Court being divided in opinion m this case, he should deliver that, in which Thatcher and Wilde, Justices, concurred with him. The action is assumpsit upon a promissory note against the maker; and the defence to the action is that the note was given for a usurious consideration, and is void. The action is brought by persons claiming to be, and who must from the evidence be taken to be, innocent endorsees, who have purchased the note bona fide, and for a valuable consideration. This character, however, will not avail them, if the note is evidence of a contract…
2Cases cited2 opinions
- Green v. KempMassachusetts Supreme Judicial Court · 1816
- Gaither v. Farmers & Mechanics Bank of Georgetown Ex Rel. CorcorranSupreme Court of the United States · 1828
3Cited by29 opinions
- Nichols v. FearsonSupreme Court of the United States · 1833
- Bailey v. LumpkinSupreme Court of Georgia · 1846
- Plitt v. KaufmanCourt of Appeals of Maryland · 1947
- Towne v. RiceMassachusetts Supreme Judicial Court · 1877
- Manley Brothers Co., Inc. v. SomersSupreme Court of Vermont · 1927
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