Grinder v. Nelson
Court of Appeals of Maryland
Appeal from Frederick county court. This was an action of debt brought by the appellee against the appellants on the 4th of September 1846, upon a single bill executed by the latter on the 11th of April 1840, for §>350, payable to the appellee twelve months after date.
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Appeal from Frederick county court. This was an action of debt brought by the appellee against the appellants on the 4th of September 1846, upon a single bill executed by the latter on the 11th of April 1840, for §>350, payable to the appellee twelve months after date. Baugher one of the defendants appeared and pleaded several pleas of usury under the act of 1704. To these pleas the plaintiff replied, that there was at the commencement of the suit, and still is due on the said single bill, $350, the principal actually loaned with interest at six per cent., wherefore he prays judgment upon…
1Opinion of the Court
Martin J.,
delivered the opinion of this court.
In this case an action of debt was instituted in Frederick county court on a single bill, executed on the 11th of August 1840, by which the appellants stipulated to pay to the appellee the sum of $350, with interest, from the date of the note. It appeaj-s from the record that John Baugher, one of the appellants, appeared in court, and pleaded in bar of the action the statute of usury of 1704, chap. 69, .in force at the time this loan was made and the contract created. This suit was instituted on the 4th of September, 1846, and to this plea in bar…
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