Wilmington Daily Gazette in Wilmington, Delaware

Judge Wootten's Charge on Usury Case at Reading Court

Judge Wootten delivers a detailed charge in the usury case Backus vs Clark. He explains that the suit hinges on whether the March 1873 note was an accommodation note and whether further transfers tainted by usury nullify the claim, citing Brook v. Pierce and Cleaden v. Webb. He says a bona fide purchaser takes subject to the taint if usury attaches and instructs the jury to find for the defendant if the note was usurious and renewed. otherwise find for the plaintiff.