Gibson v. Fristoe
Court of Appeals of Virginia
Gibson brought an action of debt against Fristoe, R. Ralls and C. Ralls, upon a bond bearing date the 11th day of October, 1788, and given for payment of 149/. 12s.
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Gibson brought an action of debt against Fristoe, R. Ralls and C. Ralls, upon a bond bearing date the 11th day of October, 1788, and given for payment of 149/. 12s. Id. specie, payable .on or before the first day of March, 1789, with lawful interest on the same, from the 17th day of December, 1787. The defendants first put in the plea oí payment', which was afterwards withdrawn by consent, and thereupon the defendants, after taking oyer of the bond, filed the following plea : The said defendants say, that they ought not to be charged with the said debt by virtue of the said writing…
1Opinion of the Court
ROANE, Jüdge.
At the first hearing of this cause, I was strongly inclined to think that the bond in question was usurious, even upon an ex parte argument, but now, upon a full discussion, and mature consideration, I am con-
firmed in that opinion. But, before I come particularly to the circumstances of the present case, as arising from the special verdict, I will lay down some principles, which appear to be clearly warranted by law.
1st. If the corrupt agreement be not expressed in th© verdict, but it is apparent to the Court that the matter is usury, there it is not necessary for the jury to…
2Cases cited1 opinion
- Pacific Cable Construction Co. v. McNattWashington Supreme Court · 1891
3Cited by17 opinions
- Scott v. LloydSupreme Court of the United States · 1835
- Comans v. TapleyMississippi Supreme Court · 1911
- Swift v. Central Union Fire InsuranceSupreme Court of Missouri · 1919
- Baltimore & Ohio R. R. v. GettleWest Virginia Supreme Court · 1869
- Andrews v. LynchSupreme Court of Missouri · 1858
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