Supreme Court of Vermont January 15, 1845 (Administrator of Hammond v. Smith)

The opinion of the court was delivered by

Bennett, J.

To establish the fact, that the notes were void upon the ground of usury, it must have been proved that there was a corrupt agreement to pay more than six per cent, interest, at the time when the loan was made. If the testimony, given on the trial, had a legal tendency to prove this, the case should have been submitted to the jury.