The action is debt upon the act against usury. It is founded on a loan made by the defendant to one Mc-Nider. There are several counts'in the declaration, and they .vary in stating the days of the contract, the periods •of forbearance, and the days of payment of the usurious interest.
Decided 1846-12-05
Ruffin, C. J.
¶1
The evidence does not suppport either count. The declaration is of a debt of $932 80, and that
*120
the $93 was to be paid and was paid
for
the forbearance of
that sum;
whereas it includes the sum of $80, which was agreed to be paid for the original loan of $806, and the forbearance of this latter sum. The bond for $93, then, was not the price of the forbearance of $932 80, from the time the new securities were given; but part of it, if not the whole, was the price of the past forbearance of the $800 from the time of the loan of that sum up to the giving of the substituted bonds. The plaintiff did not prove the contract as laid in either count, and was therefore properly nonsuited.
