Cowles v. Woodruff
Supreme Court of Connecticut
This was a bill in chancery to foreclose certain mortgaged premises; tried in the superior court, held, at Hartford, February term, 1830, by Bissell, J. To this bill the defendants pleaded usury, and offered evidence of certain facts tending to shew usury, as stated in their plea. To the admission of this evidence the plaintiffs objected; and it was rejected by the court.
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This was a bill in chancery to foreclose certain mortgaged premises; tried in the superior court, held, at Hartford, February term, 1830, by Bissell, J. To this bill the defendants pleaded usury, and offered evidence of certain facts tending to shew usury, as stated in their plea. To the admission of this evidence the plaintiffs objected; and it was rejected by the court. The plaintiffs having obtained a decree in their favour, the defendants moved for a new trial, on the ground of such decision. The case was now submitted, on the briefs of counsel, without argument, by
1Opinion of the CourtWilliams, J.
By our statute, all usurious contracts,—and mortgages are particularly named,—are declared to be utterly void.(a) The defendants to this bill have pleaded, that this is a contract of that description, and so is utterly void. Upon this simple statement it would seem very difficult to say, that their proof should not be heard; and if they proved their allegation, that they should not have the benefit of this statute intended for their protection.
To this it is said, that they are entitled to sach protection; but it must be in another mode: it may le allowed when ejectment is brought for the…
2Cases cited2 opinions
- Baldwin v. NortonSupreme Court of Connecticut · 1817
- De Butts v. BaconSupreme Court of the United States · 1810
3Cited by13 opinions
- Crane v. ReederMichigan Supreme Court · 1870
- Middletown Savings Bank v. BacharachSupreme Court of Connecticut · 1879
- Atlas Realty Corporation v. HouseSupreme Court of Connecticut · 1936
- Hunt v. AcreSupreme Court of Alabama · 1856
- DeWolf v. A. & W. Sprague Manufacturing Co.Supreme Court of Connecticut · 1881
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