Ferrier v. Scott's Administrators

The facts were stated and the opinion of the court announced by —■

Lowe, J.

The foreclosure of a mortgage, given to secure the payment of a note of $121.48, dated the 30th of November, 1858, and payable on or before the 8th day of October, 1859. The defense set up was, that the note and mortgage sued were wholly usurious and void; sustained, and judgment against plaintiff for costs. In appealing, the plaintiff insists that a contract entered into for the purpose, and under the circumstances stated in the evidence, cannot in law be held to be usurious.

One of the counsel who makes this argument,…