Legal Opinion

Metcalf v. Watkins

Supreme Court of Alabama

Decided June 15, 1834PublishedCited by 3 opinions

Error from t!is Crunty Court of Mxiison County. This was an action on a bill of exchange, instituted by Watldns the holder, against Metcalf the drawer. In the action below, the defendant Metcalf plead, First — That the bill was drawn by him'for the accommodation ef one Roberts, without any consideration on his part, but to enable the said Roberts to procure its discount at a rate beyond the legal interest.

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Error from t!is Crunty Court of Mxiison County. This was an action on a bill of exchange, instituted by Watldns the holder, against Metcalf the drawer. In the action below, the defendant Metcalf plead, First — That the bill was drawn by him'for the accommodation ef one Roberts, without any consideration on his part, but to enable the said Roberts to procure its discount at a rate beyond the legal interest. That it was so discounted by Watkins for thirteen per cent, and alleging scienter. Second — The same facts without scienter. On these pleas, there was replication, rejoinder, sur-re»…

1Opinion of the CourtChief Justice Lipscomb

delivered the opinion, of the Court. .

In this case, suit was instituted in the County Court of Madison county, by Watkins, as holder of a bill of* exchange drawn by Metcalf on Beal, of New-Orleans, in favor of Smith, and indorsed by Smith to Ice, and by Ice to Watkins. The *86defendant below, pleaded two pleas setting up the defence of usury. The first, alleging-, that the bill was drawn and indorsed without any consideration, but solely for the accommodation- of one Roberts, to. enable him to procure an advance on it at the rate of thirteen per cent-, discount — and that Roberts sold it to…

2Cases cited3 opinions

  1. Munn v. President & Directors of Commission Co.New York Supreme Court · 1818
  2. Tillotson v. CheethamNew York Supreme Court · 1808
  3. Faris v. KingSupreme Court of Alabama · 1827

3Cited by3 opinions

  1. German Bank v. DeShonSupreme Court of Arkansas · 1883
  2. Saltmarsh v. P. & M. BankSupreme Court of Alabama · 1848
  3. Manning v. MannningSupreme Court of Alabama · 1845

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