Jones v. Jackson
Supreme Court of Alabama
Error to the Circuit Court of Dallas. Asstmpsit by the defendant in error, on a promissory note executed by the plaintiff in error, before his Honor E. Pickens. From a bill of exceptions it appears, the defendant proved that the note sued on was given for what appeared to be the balance due on two notes, made by the firm of Ferrand and Jones, composed of the defendant and Ferrand.
Read the full summary
Error to the Circuit Court of Dallas. Asstmpsit by the defendant in error, on a promissory note executed by the plaintiff in error, before his Honor E. Pickens. From a bill of exceptions it appears, the defendant proved that the note sued on was given for what appeared to be the balance due on two notes, made by the firm of Ferrand and Jones, composed of the defendant and Ferrand. One of the notes was for $880, dated 25th February, 1842, and due one day after, on which was indorsed, interest paid to 12th August, 1843. The other for $308 13, due 1st July, 1842, on which was indorsed credits to…
1Opinion of the CourtCollier, C. J.
Where a note tainted with usury is delivered up, and a new one substituted by the parties,.not only the original but the substituted security is usurious; unless the contract under which the loan was made is so modified as to divest the transaction of the taint. Tate v. Wellings, 3 T. Rep. 537; Cuthbert v. Haley, 8 Id. 390; Fields et al. v. Gorham, 4 Day’s Rep. 251; Botsford v. Sandford, 2 Conn. Rep. 276; Wales v. Webb, 5 Id. 154; Gibson v. Stearns, 3 N. Hamp. Rep. 185; Warren v. Crabtree, 1 Greenl, Rep. 167; Tuthill v. Davis, 20 Johns. R. 284; Bridge v. Hubbard, 15 Mass. Rep. 96; Powell v.…
2Cases cited4 opinions
- Bridge v.HubbardMassachusetts Supreme Judicial Court · 1818
- Moncure v. DermottSupreme Court of the United States · 1839
- Botsford v. SanfordSupreme Court of Connecticut · 1817
- Carlisle v. GraySupreme Court of Alabama · 1846
3Cited by3 opinions
- Compton v. CollinsSupreme Court of Alabama · 1916
- Savery v. BrowningSupreme Court of Iowa · 1865
- O'Neil v. ClevelandSupreme Court of New Jersey · 1878