Sumner v. . the People

[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] The plaintiff in error was indicted for taking usury. The indebtedness arose upon a bond and mortgage; when the principal was due the debtor gave to Sumner an agreement in these words: "If I do not pay N. Sumner the $800 I owe him by December 5, 1857, I will give him sixteen dollars extra, John Burdick, November 30, 1857." A receipt for the money was endorsed on it. The plaintiff was convicted. Upon the trial, the judge submitted to the jury the question whether…