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MSA SC 5339-270-3
CollectionResearch and Educational Projects at the Maryland State Archives
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DatesZ-M-1810
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StorageContact the Department of Special Collections for location.
Description
Tyson v. Rickard
3 H&J 109 (1810)

Defendant pleaded usury. The court held that the trial court properly left it to the jury to decide whether the transaction in question was a real sale or whether it was only colorable to hide an usurious loan. The court affirmed the judgment of the trial court and held that the jury properly found for plaintiff. As to whether the stipulation to repay the principal in money was actually a loan, the court held that if the principal was secured and the interest reserve was more than six percent, it constituted usury. The jury found the intention to negotiate a loan and the court held that it would not disturb the jury's finding.

Appeallate Court Records:

COURT OF APPEALS (Docket) Tyson v. Rickard, 1810, June Term, no. 35, p. 136 [MSA S414-3, 1/66/14/22].

COURT OF APPEALS (Judgments) Tyson v. Rickard, 1810, June Term, no. 35 [MSA S382-163, 1/63/6/44].

2 Files3_hj_109.pdf
msa_s414_3-0205.pdf

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