Masterson v. Grubbs
Supreme Court of Alabama
Appear from the Circuit Court of. Lavtoenoe. Tried before the lion. II. O. Speaius. ■ This action wits brought by Hartwell O. Grubbs, against Thomas Masterson and James E. Moore, as .late partners doing business under the firm name of Masterson &■ Moore; was commenced on the 8th September, 1879, and was founded on the defendants’ promissory note for $700, executed in their firm name, dated June 12th,'-1878, and payable one.day after date.
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Appear from the Circuit Court of. Lavtoenoe. Tried before the lion. II. O. Speaius. ■ This action wits brought by Hartwell O. Grubbs, against Thomas Masterson and James E. Moore, as .late partners doing business under the firm name of Masterson &■ Moore; was commenced on the 8th September, 1879, and was founded on the defendants’ promissory note for $700, executed in their firm name, dated June 12th,'-1878, and payable one.day after date. Moore having died pending the suit, it was prosecuted to judgment against Masterson only, who pleaded specially, among other things, that the note was…
1Opinion of the CourtSomerville, J.
Usurious contracts are not absolutely void, under the statutes of this State; they are only voidable, to the extent of the interest. The language of the statute is, that they “mu not be enforced, except as to the principal.” Code, 1876,§ 2092. The plea of usury is regarded by the courts as a defense entirely personal, and can not be set up by a stranger to the contract, but only by the parties or their legal representatives.—McGuire v. Van Pelt, 55 Ala. 344; Griel v. Lehman, 59 Ala. 419. It is not favored in courts of equity, so that the rule has become uniform now for these courts to require…
2Cases cited15 opinions
- De Wolf v. JohnsonSupreme Court of the United States · 1825
- McGuire v. Van PeltSupreme Court of Alabama · 1876
- Hammond v. HoppingNew York Supreme Court · 1835
- Uhlfelder & Co. v. Carter's Adm'rSupreme Court of Alabama · 1879
- Eslava v. CramptonSupreme Court of Alabama · 1878
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3Cited by18 opinions
- Burns v. CampbellSupreme Court of Alabama · 1882
- Clark v. GreySupreme Court of Florida · 1931
- Gladwin State Bank v. DowMichigan Supreme Court · 1920
- Lewis v. HickmanSupreme Court of Alabama · 1917
- McCormick v. FallierSupreme Court of Alabama · 1931
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