Kilbourn v. Bradley
Cases that cite this one
6 later published cases cite this decision.
- In re Feldman (United States District Court for the District of Connecticut 1966)
- Vermeule v. Vermeule (Me. 1901)
- Seventh Ward National Bank v. Newbold (City of New York Municipal Court 1885)
- Mitchell v. Lyman (Ill. 1875)
- Ambler v. Ruddell (Ark. 1856)
- Cook v. Bradley (Conn. 1828)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
The statute against usury, on principles of public policy, renders void contracts upon usurious consideration. But the lender incurs no penalty, unless he actually takes usury; and courts of equity, on relieving against oppression or extortion, order the repayment of the sum really loaned, or due, with the lawful interest. The moral obligation of the borrower to repay the principal slim actually loaned, with the lawful interest, is unimpaired. If the lender will expunge she usury, and the borrower voluntarily assents to repay the sum loaned with lawful interest, it is an act oí justice forbidden by no principle of public policy, and which constitutes a good consideration for a new contract.
New trial not to be granted.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.