Delaware Court of Common Pleas, 1798

Crocket v. Johnson

Crocket v. Johnson
Delaware Court of Common Pleas · Decided April 15, 1798 · Bassett, Johns
1 Del. Cas. 182

Counsel

Ridgely for defendant. Vining and Wilson for plaintiff., Ridgely. , Vining and Wilson.

Crocket v. Johnson

Opinion of the Court

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.