Thompson v. Jones
Supreme Court of Alabama
Robert Thompson commenced this and two other similar actions of debt, in August 1826, in Lauderdale Circuit Court, against Littleberry H. Jones, to recover on three several promissory notes made by him, J. R. B. El-dridge and T. Eldridge, to the plaintiff, on the 14th March 1822, each for $2100, with interest from the date at eight per cent, payable in one, two, and three years respectively.
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Robert Thompson commenced this and two other similar actions of debt, in August 1826, in Lauderdale Circuit Court, against Littleberry H. Jones, to recover on three several promissory notes made by him, J. R. B. El-dridge and T. Eldridge, to the plaintiff, on the 14th March 1822, each for $2100, with interest from the date at eight per cent, payable in one, two, and three years respectively. The proceedings, evidence, and judgements in each case were precisely the same as in this. The defendant pleaded the plea of usury, on which issue was joined. At September term, 1827, the case came on for…
1Opinion of the Court
JUDGE SAFFOLD
delivered the opinion of a majority of the Court. a
The defendant pleaded the plea of usury, therein detailing the facts on which he relied to sustain his cle-fence, and introduced the testimony of witnesses, and also , , , , . ./ - , his own evidence, under the privilege or the statute concerning usury. To this evidence the plaintiff demurred, and the judgement on the demurrer is assigned as error.
One branch of the defendant’s argument is, that the plaintiff could not legally demur to the evidence, unless he had expressly admitted on the record, every fact which the defendant's…
2Cited by2 opinions
- Anderson v. Creamery Package Manufacturing Co.Idaho Supreme Court · 1902
- Watson v. McClanahanSupreme Court of Alabama · 1848