Public-domain · open source
OpenJurist

59 Ala. 179

Mitchell v. McCullough

Supreme Court of Alabama

Decided December 15, 1877

Supreme Court of Alabama · decided 1877-12-15

Tried before the Hon. JOHN A. MlNNlS. The plaintiff, Buckner H. Mitchell, brought suit to the October term of the City Court of Montgomery, against Thomas J. McCullough, to recover the money due on a promissory note made by him.

Cited by 2 later decisions — most recently November 1924

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1877-12-15

View the full empirical analysis of this case →

STONE, J.—

¶1The rulings of the City Court in this case are directly opposed to the uniform decisions of this court on this question. By the renewal of the note to the subsequent holder, who did not participate in the usurious transaction, gave full value for the claim, and had no knowledge of the usury, the defendant precluded himself from relying on that defence. See the authorities on the brief of appellant. The chai’ge asked by plaintiff and refused, should have been given. There was no material conflict in the-evidence, and it clearly showed plaintiff’s right to recover..

¶2Reversed and remanded.

/59/ala/179 · .json · Public domain