Legal Opinion

Montague v. Sewell

Court of Appeals of Maryland

Decided January 19, 1882PublishedCited by 19 opinions

Appeals from the Circuit Court of Baltimore City. Iu October, 1876, Thomas Sewell, Jr., and Richard Sewell, Jr., applied to Henry W. Rogers, a broker, to procure them a loan at 6-| per cent., to be secured on real estate, situate on Pennsylvania avenue, in Baltimore city.

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Appeals from the Circuit Court of Baltimore City. Iu October, 1876, Thomas Sewell, Jr., and Richard Sewell, Jr., applied to Henry W. Rogers, a broker, to procure them a loan at 6-| per cent., to be secured on real estate, situate on Pennsylvania avenue, in Baltimore city. Mr. Rogers reported that he could procure a loan of $30,000 at that rate, from John M. and Andrew W. Dennison, trustees of Eliza C. Montague, for her life-time, under the will of Marcus Dennison, with remainders over to her children — among whom was the appellant, Kate Montague. On the 14th November, 1876, Mr. Rogers…

1Opinion of the CourtAlvey, J.

The questions in this case arise under the usury law of the State: and the first and principal of these questions is, whether the original transaction between the Sewells and the Denisons, as conducted by Rogers, the broker,"was really intended as an evasion of the statute against usury ? In other words, whether the deed of the Mtfa of íJovembeiq 1816, by the Sewells to Rogers, for the recited consideration of $31,500; the lease of the same •date and of the same property, by Rogers to the Sewells, at the annual rent of $1,890, payable quarterly, with power of distress, and of re-entry, in…

2Cases cited7 opinions

  1. Lloyd v. ScottSupreme Court of the United States · 1830
  2. Scott v. LloydSupreme Court of the United States · 1835
  3. Scott v. LearyCourt of Appeals of Maryland · 1871
  4. Andrews v. PoeCourt of Appeals of Maryland · 1869
  5. Tyson v. RickardCourt of Appeals of Maryland · 1810

2 more not listed; retrieve them via the Exa API.

3Cited by19 opinions

  1. Carozza v. Federal Finance & Credit Co.Court of Appeals of Maryland · 1925
  2. Weish Homes, Inc. v. CommissionerUnited States Tax Court · 1959
  3. Bailey v. PoeCourt of Appeals of Maryland · 1923
  4. Posner v. BaylessCourt of Appeals of Maryland · 1882
  5. Bridgeport L. A. W. Corporation v. LevySupreme Court of Connecticut · 1929

14 more not listed; retrieve them via the Exa API.

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