26 Tenn. 35 | Tenn. | 1846
delivered the opinion of the court.
The bill alledges that the complainant borrowed of the defendant a sum of money in Alabama bank notes, for which he bound himself by a bill single, at some time thereafter, to pay Tennessee bank notes, to an equal amount. The bill alledges that the bank notes of Alabama were not worth so much as those of Tennessee, and insists, therefore, that the transaction was usurious; and seeks upon that ground to abate the judgment at law, which has been rendered upon the bill single. The answer admits the general statement of the bill, and avers that the parties had no purpose to avoid or evade the statutes against usury; that no usury was intended to be secured; but that the complainant at the time, said that the Alabama notes would be as valuable to him as Tennessee money.
The cause was heard on bill and answer, and the Chancellor saw fit to dismiss the bill. In this we think there was no error. The principle settled in the case of Turney vs. The Bank of
Let the decree of Chancellor be affirmed.