Gerlaugh v. Bassett
Wisconsin Supreme Court
APPEAL from the Circuit Court for Juneau County. The plaintiff declared on a note executed by defendants, Bassett, Bnglish, John W. Powell and Nathaniel J. Powell, November 15, 1859, payable one year from date with interest at twelve per cent., it being alleged that there was due and unpaid thereon the principal sum with interest from January 5th, 1863. The defense was usury, and the answer avers that on or about the 15th of November, 1858, the plaintiff lent to Bas-sett…
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APPEAL from the Circuit Court for Juneau County. The plaintiff declared on a note executed by defendants, Bassett, Bnglish, John W. Powell and Nathaniel J. Powell, November 15, 1859, payable one year from date with interest at twelve per cent., it being alleged that there was due and unpaid thereon the principal sum with interest from January 5th, 1863. The defense was usury, and the answer avers that on or about the 15th of November, 1858, the plaintiff lent to Bas-sett three thousand dollars for one year, and Bassett promised him orally to pay interest thereon at the rate of fifteen per…
1Opinion of the CourtCole, J.
It appears to us tbat tbe jury must have found, under tbe charge of tbe court, tbat tbe note of November 15th, 1859, was not usurious. This is tbe most rational and satisfactory construction to be given to tbe verdict, and tbe only one which will sustain it to tbe full extent. Eor if tbe jury bad been satisfied from tbe evidence tbat tbe note of November 15th, 1859, was usurious, then it was admitted in tbe plaintiff’s pleadings tbat there must be a deduction from tbe principal sum loaned, of at least $90. And tbe court instructed tbe jury tbat if they believed from tbe evidence tbat tbe note…
2Cases cited5 opinions
- Hammond v. HoppingNew York Supreme Court · 1835
- Miller v. HullNew York Supreme Court · 1847
- Craig v. ButlerMichigan Supreme Court · 1860
- Rock County Bank v. WooliscroftWisconsin Supreme Court · 1862
- Dunbar v. WoodSupreme Court of Vermont · 1831
3Cited by3 opinions
- Carter and Carter v. Leon Loan and Finance Co.Supreme Court of Florida · 1933
- Iowa Union Telephone Co. v. BoylanSupreme Court of Iowa · 1892
- Lasher v. AnnunziataAppellate Court of Illinois · 1905