Noah Haynes Swayne

“ An issue ought not to be tried where it would be a sheer mistrial and a mere waste of time. The court ought sua sponte to strike it out of disregard it. If a frivolous issue is left in the record, it does not therefore follow that it is to be seriously treated.
In the first defence, the payment of the usurious interest is distinctly averred, and it is sought to apply it by way of offset or payment to the bill of exchange in suit. ”

“ The bank demurred to the several defences set up by the assignees. To the first and third the demurrer was sustained, and overruled as to the second. Upon the latter the plaintiff took issue, and the case was tried by a jury. The jury rendered a verdict in favor of the bank for $4,080.31, and judgment was given accordingly. It does not appear that any thing done by the court touching this trial was objected to by the plaintiffs in error. There is no bill of exceptions in the record. ”

“ Provided, that such action is commenced within two years from the time the usurious transaction occurred.' Two categories are thus defined, and the consequences denounced:--
1. Where illegal interest has been knowingly stipulated for, but not paid, there only the sum lent without interest can be recovered. ”