Early v. Mahon
New York Supreme Court
THIS was an action of assumpsit, tried at the Delaware Circuit, in June, 1820, before Mr. Chief Justice Spencer. The plaintiff lent the defendant certain sums of money, for which the defendant gave a bond and warrant of attorney, in which bond was included usurious interest on the money lent.
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THIS was an action of assumpsit, tried at the Delaware Circuit, in June, 1820, before Mr. Chief Justice Spencer. The plaintiff lent the defendant certain sums of money, for which the defendant gave a bond and warrant of attorney, in which bond was included usurious interest on the money lent. A judgment was entered up on the bond, in the Court of Common Pleas of Delaware county; and the Court, afterwards, on motion for that purpose, set aside the judgment on the ground of usury. The defendant, after-wards, promised to pay the plaintiff the original sum actually borrowed, but not the usurious…
1Opinion of the Court
Spencer, Ch. J.
delivered the opinion of the Court, There are two questions presented by the case : 1. Whether, when money has been lent upon an usurious contract, and the contract is afterwards vacated, there yet exists such a moral and equitable duty on the part of the borrower, that a subsequent promise by him to pay the money actually lent, can be enforced at law, in an action founded on the promise ? 2. Whether we are to consider the original usurious contract, in this case, as put out of question, either on the ground of its being void, or on the ground, that the judgment has been…
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