Crocket v. Johnson

Delaware Court of Common Pleas

Crocket v. Johnson

1 Del. Cas. 182

DecidedApril 15, 1798

StatusPublished

This text of 1 Del. Cas. 182 (Crocket v. Johnson) is published on Counsel Stack Legal Research, covering Delaware Court of Common Pleas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Crocket v. Johnson, 1 Del. Cas. 182 (Del. Super. Ct. 1798).

Pincite

Opinion

Per Curiam. Bassett, C. J.

The law has considerably changed on this subject. Even where a man has entered into a judgment bond, and it is in the other man’s pocket, the court have arrested it there, Doug. 186. In 2 Bl.R. it is said that a contract to pay money in advance has been held usurious. This execution must be set aside, and judgment opened for trial, they to stand as a security.

Johns, J.

I doubt whether the instrument can be void by our Act of Assembly.

[Note.] I suppose Johns, J., was against opening the judgment as he thought the bond not void. The doctrine cited from Doug. I find at page 196, third edition.

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Per Curiam. Bassett, C. J.

The law has considerably changed on this subject. Even where a man has entered into a judgment bond, and it is in the other man’s pocket, the court have arrested it there, Doug. 186. In 2 Bl.R. it is said that a contract to pay money in advance has been held usurious. This execution must be set aside, and judgment opened for trial, they to stand as a security.

Johns, J.

I doubt whether the instrument can be void by our Act of Assembly.

[Note.] I suppose Johns, J., was against opening the judgment as he thought the bond not void. The doctrine cited from Doug. I find at page 196, third edition.

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Bluebook (online)

1 Del. Cas. 182, Counsel Stack Legal Research, https://law.counselstack.com/opinion/crocket-v-johnson-delctcompl-1798.