Bennett v. Hadsell

New Jersey Court of Chancery

Bennett v. Hadsell

23 N.J. Eq. 174

DecidedMay 15, 1872

StatusPublished

This text of 23 N.J. Eq. 174 (Bennett v. Hadsell) is published on Counsel Stack Legal Research, covering New Jersey Court of Chancery primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bennett v. Hadsell, 23 N.J. Eq. 174 (N.J. Ct. App. 1872).

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Opinion

The Chancellor.

The evidence in this case shows clearly that Hadsell agreed to pay C. H. Bennett $100 for his services in getting the money for which the mortgage was given. C. H. Bennett advanced the money himself, the mortgage was given to him, and he retained $100 of the $800, for which the mortgage was given. This is usury. The assignee, even without notice of the usury, takes subject to that defence.

Let there bé a decree for $700, without interest or costs.

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The Chancellor.

The evidence in this case shows clearly that Hadsell agreed to pay C. H. Bennett $100 for his services in getting the money for which the mortgage was given. C. H. Bennett advanced the money himself, the mortgage was given to him, and he retained $100 of the $800, for which the mortgage was given. This is usury. The assignee, even without notice of the usury, takes subject to that defence.

Let there bé a decree for $700, without interest or costs.

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Bluebook (online)

23 N.J. Eq. 174, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bennett-v-hadsell-njch-1872.