Gilbert v. Eden

New York Supreme Court

Gilbert v. Eden

2 Johns. Cas. 280

DecidedApril 15, 1801

StatusPublished

This text of 2 Johns. Cas. 280 (Gilbert v. Eden) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Gilbert v. Eden, 2 Johns. Cas. 280 (N.Y. Super. Ct. 1801).

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Opinion

Per Curiam.

From the affidavits which have been read, it appears that the bond was usurious; but the court are not to judge of the credibility of witnesses. As. there is color, at least, for the allegation of usury, the proper course is to award a feigned issue to try the fact. ' (Barnes, 52, 277. Cowp. 727. 1 Bos. & Pull. 270.) Let a feigned issue be awarded.(

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Per Curiam.

From the affidavits which have been read, it appears that the bond was usurious; but the court are not to judge of the credibility of witnesses. As. there is color, at least, for the allegation of usury, the proper course is to award a feigned issue to try the fact. ' (Barnes, 52, 277. Cowp. 727. 1 Bos. & Pull. 270.) Let a feigned issue be awarded.(

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Bluebook (online)

2 Johns. Cas. 280, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gilbert-v-eden-nysupct-1801.