Mitchell v. McCullough

Supreme Court of Alabama

Mitchell v. McCullough

59 Ala. 179

CourtSupreme Court of Alabama

DecidedDecember 15, 1877

StatusPublished

Cited by2 cases

This text of 59 Ala. 179 (Mitchell v. McCullough) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mitchell v. McCullough, 59 Ala. 179 (Ala. 1877).

Pincite

Opinion

STONE, J.—

The 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..

Reversed and remanded.

Free access — add to your briefcase to read the full text and ask questions with AI

STONE, J.—

The 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..

Reversed and remanded.

Cite This Page — Counsel Stack

Bluebook (online)

59 Ala. 179, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mitchell-v-mccullough-ala-1877.

Opinion

Related

Cite This Page — Counsel Stack