The herald and news. [volume] (Newberry S.C.) 1903-1937, 1909-04-13
A South Carolina Cause Celebre.

Cd1ISO DuItelml1h w d1IdCS, q ICc-
publican Congressman, had his BIZ
ography written, as most Of the Con-
D gressmen do when they go to Wash
ington, and gave a note for it for
5000, and the note read in its face
that the interest was at the rate Of
B. two per cent per minute. When it was
nearly six years overdue, Col. Rion
brought suit upon it. The case was
tried at York before Judge Maekey,
who delivered this verbatim charge,
+ having reserved his decision over
night:
"Gentlemen of the Jury; The Court
assumes the full responsibility Of this
cause, and will only require you to
. settle its conclusions by your verdict.
The action is based on single bill, in
ordinary parlance promissory note,
drawn for the sum Of 5000, payable
to the order of the plaintiffs, a pub
fishing house composed Of three men,
bers, IS executed by the defendant,
whose signature is admitted, is pay
able at so days from its date, and
bears interest, written in its face, at
the rate of two per cent per minute
after maturity.
"It is some five and half years
overdue, and Col. Rion, who brought
h this action, has called to his aid, both
the infnitesimal and integral calculus
and has well-nigh exhausted their re-
sources in ascertaining that the pre-
else amount due the moment the cause
is called for trial is some $4,000 odd
hundred dollars.
"There are two defences. The first
is-that it is founded in mistake, and
Wallace has testified that when asked
by the clerk who engrossed the note,
what rate of interest should be in
serted, that he replied two per cent
per month"; usual in those days; but
that the clerk misunderstood him.
The clerk, however, has testified that
when he inquired of Wallace what
rate of interest should be inserted,
: that he ostentatiously replied: AS it
is my intention to pay my bills at
maturity, I am Indifferent on that
subject, and if you are so inclined,
YOU NAV insert what you like, two
per cent n2r minute if you choose
and this was accordingly done.
'IThe Court is embarrassed very lit
tie by that defence, because it relies
more upon the statements Of the
clerk, than it does upon the state
ments of A. S. Wallace, and therefore
that defence may accordingly be
overruled.
EsBut the second defence is at
tended with greater difficulty, and it
is that it is an unconseionable bar
gain-and like the old case about the
B nails in the horses shoe, cited in ar
&gument, where the blacksmith, be-
Sieving that he was paying reason
able price for an animal, agreed to
pay one bushel of barley-corn for the
first nail, and double upon every one
of the other nails in the shoe. the
number of nails being 81.
"Subsequently computation de-
veloped the fact that when the con-
tract came to be enforced in the
Kings Bench, that it required more
barley-corn to pay for the animal
than was raised in all England, and
thereupon the Court directed th3
Jury to ascertain a reasonable bar
gain between the parties. by ascer-
tanning the real value Of the animal at
the date of the contract, w.t. interest
from date as compensation by way Of
damages; and so it is contende7 IN
this case, that the difference between
the principal, the interest and the
, gross sum is so enormous that 1t
would shock the moral sense of the
Court, and the Court is requested to
k ascertain a reasonable bargain be-
u tween the parties. After the most
&,learned and most elaborate argument,
7 the Court has reserved its decision,
taken the papers to its lodgings,
= made the matter the subject Of a
)#kllight's due deiberation, and now
Minds it necessary to overrule both OF
4 the defences; the first for the reason
n already stated and in regard to the
ksecond the Court reasons as follows:
"Among the testimony produced is
&s neat little octave volume Of l2O
kaees. containing the life and ad-
Ventures Of 4. S. Wallace, and it has
k:anspired in the testimony that the