usury — corrupt intent essential
Definitions from Case Law · United States Supreme Court
Definitions from Case Law
From 34 U.S. 378 - Bank of United States v. Waggener · 1835Most cited · 70 citing opinions
in construing the usury laws, the uniform construction in England has been, (and it is equally applicable here) that to constitute usury within the prohibitions of the law, there must be an intention knowingly to contract for or to take usurious interest; for if neither party intend it, but act bona fide and innocently, the law will not infer a corrupt agreement. Where, indeed, the contract upon its very face imports usury, as by an express reservation of more than legal interest, there is no room for presumption; for the intent is apparent; res ipsa loquitur. But where the contract on its face is for legal interest only, there it must be proved that there was some corrupt agreement or device, or shift, to cover usury; and that it was in the full contemplation of the parties.
How often courts cite the case defining “usury — corrupt intent essential”
Court decisions citing the opinion that defined “usury — corrupt intent essential” — 70 in all, by decade. Counts are citations to the defining case as a whole, not verified uses of the term. The dip in the most recent years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the latest years.